Little v. Norman

119 So. 3d 382, 2013 WL 3802452, 2013 Miss. App. LEXIS 457
CourtCourt of Appeals of Mississippi
DecidedJuly 23, 2013
DocketNo. 2011-CP-01301-COA
StatusPublished
Cited by8 cases

This text of 119 So. 3d 382 (Little v. Norman) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Little v. Norman, 119 So. 3d 382, 2013 WL 3802452, 2013 Miss. App. LEXIS 457 (Mich. Ct. App. 2013).

Opinion

ROBERTS, J.,

for the Court:

¶ 1. This case centers on Richard and Jane Norman’s adoption of Kate Johnson and Nicole Little.1 At the time of adoption, Kate was seven-years old. Kate’s biological parents are Bill and Amy Johnson. Nicole was three years old. Nicole’s biological mother is Marie Little.2 Amy and Marie’s parents, Dave and Tabitha Little (the Littles), and Marie appeal pro se. Bill and Amy have not filed a brief. They are not parties to this appeal. Dave, Tabitha, and Marie raise no specific issues, but we interpret their argument to be that the Franklin County Chancery Court erred when it granted the Normans’ petition to adopt Kate and Nicole. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. The Littles had three children: Amy, Marie, and Mike. Amy and Marie [384]*384each had daughters. Amy’s daughter, Kate, was born in March 2004.3 Marie’s daughter, Nicole, was born in 2007.

¶ 3. The record reveals ongoing issues with substance abuse in the Littles’ home in Roxie, Mississippi. Tabitha was arrested for driving under the influence (DUI) during 2004. Amy’s daughter, Kate, was born with marijuana and opiates in her system. During August 2005, the Littles were arrested for growing marijuana at their home.4 A drug test revealed that Amy also tested positive for marijuana. The Franklin County Department of Human Services (DHS) helped Amy enter a treatment facility, but Amy quit the program. Tabitha picked up Amy after Amy quit the program. Amy later moved to Louisiana so she could work part-time in a bar and live with a man whom she was dating. Amy left Kate, who was one year old at the time, with the Littles. The Littles later obtained custody of Kate after Bill and Amy failed to appear at a hearing on the Littles’ petition for custody. During 2007, Marie gave birth to Nicole. Marie and Nicole lived with the Littles or they lived with Tabitha’s mother, who lived immediately next door to the Littles.

¶ 4. A significant portion of the Little family’s substance abuse was related to prescription medication. Tabitha obtained numerous prescriptions that she related to a back injury. Tabitha had prescriptions for approximately 150 tablets per month of the pain reliever Opana. Within a two-year period, Tabitha also received prescriptions for other pain relievers, muscle relaxers, anti-depressants, and anti-anxiety medications.5

¶ 5. Amy moved back into the Littles’ home during 2007. After Amy moved back to the Littles’ home, she and Bill began dating. Bill eventually moved into the Littles’ home. After Bill and Amy got married, they continued to live with the Littles.

¶ 6. It was not uncommon for people in the Littles’ home to lose consciousness because of drug use. Shortly after Nicole was born, Marie lost consciousness because she ingested morphine. There was evidence that Tabitha, Amy, Bill, and Marie had all “passed out” multiple times because of their intake of Tabitha’s prescription medication. Amy, Bill, and Marie also bought pills from other people. Tabitha occasionally gave some of her pain medication to Bill, while Amy and Marie stole pain medication from Tabitha. Amy testified that she stole approximately forty of Tabitha’s Opana pills each month. Marie also stole some of Tabitha’s Opana pills each month. Dave and Tabitha made Bill and Amy move out after Bill was caught rummaging through Tabitha’s purse.

¶ 7. On May 2, 2010, the Littles’ twenty-year-old son, Mike, was pronounced dead. He was found unresponsive in the Littles’ home. Dave told Percy Peeler, the Franklin County Coroner, that Mike had taken Opana the night before he was found dead. Mike’s pockets also contained tablets that [385]*385were consistent with the description of Xa-nax tablets. Mike’s death certificate indicates that the cause of his death was an accidental drug overdose. However, Tabitha adamantly refused to believe that Mike died from an accidental drug overdose, and the Littles declined to have an autopsy of Mike’s body.

¶ 8. Having personally witnessed Tabitha in an impaired state numerous times, the Normans filed a petition to have Tabitha involuntarily committed. Tabitha was ordered to receive outpatient counseling with Rose Marie Newsom, a certified clinical addiction professional. Tabitha was impaired during her first two sessions with Newsom. After a few sessions with New-som, Tabitha failed to report to any further appointments. On July 1, 2010, the Normans filed a petition for custody of Kate.

¶ 9. DHS made an unannounced visit to the Littles’ home on July 16, 2010. Dave admitted he had been smoking marijuana. A drug test revealed that Dave also had Xanax in his system. Tabitha tested positive for her prescription medications, but three observers opined that Tabitha had taken more than the recommended dosages because Tabitha was impaired. Marie claimed that she could not urinate for a drug test. After drinking a substantial volume of water, she maintained that she could not urinate even after more than an hour. Marie also refused to provide hair for a hair-follicle drug test.

¶ 10. As a result, DHS removed Kate and Nicole from the Littles’ home. Because the Normans had become certified foster parents, the Normans took custody of Kate and Nicole. Edwin L. Bean Jr. was appointed as the guardian ad litem for Kate and Nicole.

¶ 11. On March 1, 2011, the Normans filed an amended petition to terminate Bill and Amy’s parental rights to Kate and Marie’s parental rights to Nicole. The Normans also sought to adopt Kate and Nicole. The chancellor heard the Normans’ petition on August 2-3, 2011. Ultimately, the chancellor terminated Bill and Amy’s parental rights to Kate and Marie’s parental rights to Nicole. The chancellor also granted the Normans’ request to adopt Kate and Nicole. Dave, Tabitha, and Marie appeal.

STANDARD OF REVIEW

¶ 12. The standard of review in this appeal is as follows:

In cases where parental rights have been terminated, our scope of review is limited. We review the chancellor’s factual findings under the manifest error/substantial credible evidence test. This Court will not overturn a chancellor’s findings of fact when supported by substantial evidence unless an erroneous legal standard is applied or is manifestly wrong. Under this standard, the court asks not how we would have decided the case ab initio but whether there [is] credible proof to support the chancellor’s findings of fact by clear and convincing evidence.

In re Adoption of M.C., 92 So.3d 1283, 1286-87 (¶ 18) (Miss.Ct.App.2012) (citations and quotations omitted).

ANALYSIS

¶ 13. Bill and Amy filed a notice of appeal, but they never filed a brief. They are not parties to this appeal. The only brief before us is Dave, Tabitha, and Marie’s six-page, pro se brief.

¶ 14. Essentially, Dave, Tabitha, and Marie seem to claim that the Franklin County judicial system treated them unfairly. They also claim that their attorney “failed [them] completely.” To the extent that Dave, Tabitha, and Marie claim that [386]*386the chancellor erred when he granted the Normans’ petition, Dave, Tabitha, and Marie cite no authority to support that claim. The failure to cite authority in support of arguments operates as a procedural bar on appeal. M.R.A.P. 28(a)(6).

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Cite This Page — Counsel Stack

Bluebook (online)
119 So. 3d 382, 2013 WL 3802452, 2013 Miss. App. LEXIS 457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/little-v-norman-missctapp-2013.