In Re Spiers

992 So. 2d 1125, 2008 WL 3864827
CourtMississippi Supreme Court
DecidedAugust 21, 2008
Docket2007-CA-00267-SCT
StatusPublished
Cited by3 cases

This text of 992 So. 2d 1125 (In Re Spiers) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Spiers, 992 So. 2d 1125, 2008 WL 3864827 (Mich. 2008).

Opinion

992 So.2d 1125 (2008)

In re body of Victoria SPIERS Age 10, Deceased.
Carmen D. Hastings
v.
Joel Scott Spiers.

No. 2007-CA-00267-SCT.

Supreme Court of Mississippi.

August 21, 2008.
Rehearing Denied November 6, 2008.

*1126 Edwin Woods, Jr., attorney for appellant.

James M. Priest, Jr., Jackson, attorney for appellee.

EN BANC.

LAMAR, Justice, for the Court.

¶ 1. This case comes before the Court on appeal from the Circuit Court of Adams County. Carmen Hastings petitioned the circuit court to have the body of her daughter, Victoria ("Tori") Spiers, disinterred so that she could be buried in Wichita Falls, Texas, where Tori had lived with Hastings. Joel Spiers, Tori's natural father, objected. The circuit court denied Hastings's petition, and Hastings' appealed to this Court.

FACTS AND COURSE OF PROCEEDINGS

¶ 2. Victoria Spiers was born January 4, 1995, in Wichita Falls, Texas. Around five months after Tori's birth, Tori's father, Joel Spiers, contacted Carmen Hastings, Tori's mother, to let her know that he wanted to be a part of Tori's life.[1] Shortly thereafter, Hastings met Spiers in Texas with Tori for a visit. After the meeting, Hastings returned to Oklahoma with Tori, and Spiers returned home to Mississippi.[2]

¶ 3. Spiers next contacted Hastings in September 1995, to let Hastings know that Spiers's parents wanted to meet Tori. The Spiers family sent Hastings round-trip tickets to Mississippi so that Hastings and Tori could come for a visit. Hastings came to Mississippi for six weeks so that the Spiers family could meet and spend time with Tori. Hastings and Tori stayed *1127 with Hastings's brother in McComb during the visit.

¶ 4. About a week before Hastings was scheduled to return home from Mississippi, Vickie Spiers, Joel Spiers's mother, informed Hastings that the Spiers family would be suing Hastings for custody of Tori. During her last week in Mississippi, Hastings did not allow the Spiers family to see Tori, but allowed her own family to spend more time with Tori instead. Hastings then returned to Wichita Falls with Tori.

¶ 5. In 1997, Spiers and Hastings were named Tori's "joint managing conservators" in Texas. The Texas court's order made Hastings Tori's primary custodial parent, giving her the exclusive right to establish legal residence for Tori. From 1997 until 2000, the Spiers family traveled to Wichita falls for visits with Tori. As Tori got older, the Spiers family would sometimes take Tori for extended visits over her spring break, summer vacation, and Christmas break.

¶ 6. In July 2005, Tori traveled to Mississippi for one of her extended visits. One of Hastings's neighbors in Wichita Falls, Bennie, was a pilot and part owner of a private plane. He agreed to fly Hastings to Natchez, Mississippi, on July 30 to pick up Tori. Bennie was also the grandfather of one of Tori's best friends, Jessie, who accompanied Bennie and Hastings on the flight. Bennie, Hastings, and Jessie reached Natchez, where Tori was waiting for them. The four boarded the plane to return to Wichita Falls, and shortly after takeoff, the plane crashed. Hastings was the only survivor of the crash. Tori was ten years old.

¶ 7. As a result of a dispute between Spiers and Tori's stepfather, Adams County Coroner James Lee sought authorization and directives from the Circuit Court of Adams County as to the release of Tori's remains. On August 1, the trial court issued an order directing Lee to release Tori's remains to Spiers. The order stated in part:

[Tori's] natural mother, one Carmen Hastings, was severely injured in said airplane crash and is presently in critical condition at the University of Mississippi Medical Center in Jackson, Mississippi, and is wholly unable at this time due to her severe injuries and resulting physical and mental condition, to make any decisions as to interment of her daughter's body.

The order went on to say, "[t]his order is further subject to any further or future court proceedings, in the event that the child's natural mother, Carmen Hastings, makes sufficient medical recovery, and desires to seek further legal determination of said child's final resting place."

¶ 8. On the date that Tori's funeral and burial were scheduled in Mississippi, Hastings petitioned the circuit court seeking an order to prevent Tori's remains from being buried in Mississippi. Attached to Hastings's petition was her statement, signed and witnessed, that "despite her physical condition," she was "able to make appropriate decisions and would like [Tori] buried in Texas." A telephonic hearing was held, and the trial court denied Hastings's petition. Tori's funeral proceeded as planned, and her remains were buried at the Bethel Baptist Church Cemetery in Liberty, Mississippi.

¶ 9. On December 23, 2005, Hastings filed an amended petition with the trial court, asking that Tori's remains be disinterred and transported to Wichita Falls for burial. The trial court held a hearing on the petition on March 6, 2006, and on that same day, entered an order denying Hastings's request. Hastings appeals the trial court's decision to this Court.

*1128 ANALYSIS

¶ 10. This case deals with the most delicate of subject matters. "[A] court of equity can best determine the rights of relatives and friends respecting the care and control of the remains of their dead and decide upon each set of circumstances what is the proper course of action." Hood v. Spratt, 357 So.2d 135, 138 (Miss. 1978)[3]. This Court will not disturb the findings of a chancellor (or circuit judge in this case) when supported by substantial credible evidence unless the judge abused his discretion, was manifestly wrong, was clearly erroneous, or an erroneous legal standard was applied. Sanderson v. Sanderson, 824 So.2d 623, 625 (Miss.2002).

¶ 11. The subject matter of this case first arose as a dispute between Spiers and Brian Hastings, Tori's stepfather and Carmen Hastings's husband. The Adams County coroner sought guidance on the matter from the circuit court, and the circuit court ordered the coroner to release Tori's remains to Spiers. Tori's body was buried in Mississippi over Hastings's objections. After recuperating from her injuries, Hastings filed the amended petition seeking to have Tori's remains disinterred and moved to Texas. On appeal, we deal with the trial court's denial of Hastings's amended petition, not the original decision of whether Tori should have been buried in Mississippi or Texas.

¶ 12. In Hood, this Court adopted the "more compassionate approach" to situations such as these, allowing the removal and reinterment of a body when "compelling reasons" are presented for doing so. Hood, 357 So.2d at 136-37. Rules must be followed in considering these cases. Citing the Pennsylvania case of Pettigrew v. Pettigrew, 207 Pa. 313, 56 A. 878 (1904), Hood stated:

The first rule was that the surviving spouse had the paramount right to designate the burial site and, if the parties were living in normal marital relations, a very strong case would be required to justify judicial interference with the survivor's wish. Secondly, in the absence of a surviving spouse, the right of selection of a burial site was in the next of kin in order of their relation to the decedent, and the rights of more distant kin might be modified by circumstances of special intimacy or association with the decedent.

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Cite This Page — Counsel Stack

Bluebook (online)
992 So. 2d 1125, 2008 WL 3864827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-spiers-miss-2008.