Hutson v. Hutson

385 So.3d 431

Michael HUTSON, Appellant

v.Jacob HUTSON and Theresa Hutson, Appellees

NO. 2022-CA-00569-COA

Court of Appeals of Mississippi.

10/03/2023

Rehearing Denied March 19, 2024

RANKIN COUNTY CHANCERY COURT, HON. JOHN C. McLAURIN JR., JUDGE

ATTORNEY FOR APPELLANT: JOHN HOLADAY, Flowood

ATTORNEY FOR APPELLEES: MARY JUDITH BARNETT

BEFORE WILSON, P.J., WESTBROOKS AND McDONALD, JJ.

WESTBROOKS, J., FOR THE COURT:

¶1. On November 25, 2019, Michael Hutson unsuccessfully petitioned for grandparent visitation of Jane¹ against her natural parents, Jacob and Theresa Hutson ("Hutsons"), pursuant to Mississippi Code Annotated section 93-16-3(2) (Supp. 2019). When a grandparent petitions for grandparent visitation under this section, the chancellor must first consider whether (1) the grandparent and the child have an established viable relationship; (2) the parent or custodian of the child has unreasonably denied the grandparent visitation; and (3) it is in the best interest of the child to have visitation with the grandparent. Miss. Code Ann. § 93-16-3(2); accord Stacy v. Ross, 798 So. 2d 1275, 1279 (¶17) (Miss. 2001).

¶2. In April 2021, the chancellor held a hearing on Michael’s petition for grandparent visitation. At the close of the hearing, the Hutsons moved to dismiss the action under. Rule 41(b).² On May 19, 2021, the chancellor dismissed Michael’s petition because he found that while Michael undoubtedly had a viable relationship with Jane, the Hutsons were justified in denying him grandparent visitation. The chancellor reasoned that Michael’s behavior exhibited vindictiveness, childishness, and selfishness and served to derogate the Hutsons’ authority. The chancellor further found that it was not in Jane’s best interest to have a relationship with Michael.

¶3. On June 1, 2021, Michael moved to amend the findings or the judgment and for a new trial. M.R.C.P. 52(b) & 59(a), (e). Michael asserted that the chancellor’s rul- ing was not supported by the evidence. On November 9, 2021, the Hutsons moved for attorney’s fees. The Hutsons cited the Rule 41(b) as their cause for not bringing the matter of attorney’s fees to the court’s attention at an earlier date. M.R.C.P. 41(b).

¶4. On May 10, 2022, the chancellor held a hearing on the motions. During the hearing, the chancellor stated that he had reviewed his prior ruling on the issue and had found no cause to alter his ruling. Therefore, the chancellor denied Michael’s motions. In regard to the attorney’s fees, the chancellor found that the Hutsons were not able to pay the attorney’s fees in the amount of $8,317.07 and ordered Michael to pay the Hutsons’ attorney’s fees within thirty days.

¶5. Michael appeals the dismissal of his claim and the chancellor’s order requiring him to pay attorney’s fees. We affirm the chancellor’s dismissal and order of attorney’s fees.

FACTS AND PROCEDURAL HISTORY

¶6. Jacob Hutson and Theresa Hutson live in Pearl, Mississippi. They married in May 2016 and have three children. The two oldest children are Jacob’s step-children. The youngest child, Jane, is Jacob’s natural daughter.

¶7. This case is about the best interest of Jane. In November 2019, Jane’s grandfather, Michael Charles Hutson Sr., petitioned for court-ordered grandparent visitation with Jane. Jane’s paternal grandparents are Sandra Hutson (deceased), who is Jacob’s natural mother, and Michael Hutson, who is Jacob’s natural father. In 2016, Michael married Robin Hutson Jane’s step-grandmother.

¶8. Michael worked for Cypress Farms and Kennels for over twenty years. He tended to their "hunting camp" in Canton, Mississippi. As the property manager, he was responsible for maintaining everything in the camp.

¶9. When Jane was born in 2013, Michael was living at a residence provided by his employer in Canton, which he called the "Farm." Sometimes the family would come to the Farm to fish, hunt, or visit. Other times, Michael would go to Pearl to visit Jane in daycare or see Jane at the Hutsons’ home. He moved to a home in Pearl that was less than three miles away from the Hutsons so he could visit Jane more often.

¶10. From the moment Jane was born, Michael was in her life and was privileged to have frequent visitations with her. In September 2019, however, the Hutsons no longer allowed Michael and Robin to spend time with Jane because they felt that visitation was not in Jane’s or their family’s best interest.

¶11. On November 25, 2019, Michael filed a petition for grandparent visitation against the Hutsons for unreasonably denying him visitation with Jane. On April 6 and 7, 2021, the chancellor held a hearing on Michael’s petition for grandparent visitation. The Hutsons, the grandparents (Robin and Michael), Michael’s brother, Timothy Hutson, and Robin’s mother, Marie Elise Rush, testified at the hearing.

¶12. There is some discrepancy in the testimonies regarding the exact dates that certain events occurred in August and September 2019. But the consensus is that the events following the July 29, 2019 meeting in totality are what led to Jacob denying Michael’s visitation. As a result, the following breakdown of the parties’ testimonies has been fashioned in a manner that best exemplifies the events leading to the denial of visitation.

A. Theresa Hutson

¶13. In July 2019, Theresa Hutson took her children to the Memphis Zoo. On July 27, 2019, Robin asked Theresa if Jane could "come over and swim." On July 29, 2019, all three children went over to Robin’s mother’s house for a swim. Theresa testified that when the children returned home later that day, her eldest daughter expressed to her that she was upset about something that had happened at Robin’s mother’s house that day.

¶14. Theresa was not allowed to testify to the contents of what her oldest daughter told her. But Theresa did testify that in response to what her daughter said, she told Jacob a serious conversation needed to be had with his parents about "disciplining [their] children, raising [their] children, [and] what morals [they] want[ed] [their] children to have." Theresa further testified that she had told Jacob that if he did not have this conversation with his parents, then she did not feel that her children would be "mentally" safe with his parents.

¶15. The same night, Michael and Robin came to the Hutsons’ house to have a meeting. The children were not present. Theresa testified that she asked Michael if he loved her children. He responded, "Do you want me to be honest?" She said, "Yes." Michael responded, "No. They’re not my grandchildren." Theresa asked, "What did my children ever do to you?" In response, Michael gave an example by telling Theresa that her eldest daughter told him he was not her grandfather when he tried to discipline her.

¶16. Theresa explained that Michael had never said anything about this alleged statement but that it did not justify his treatment toward her eldest daughter. She testified that she had apologized to Michael for his feeling that way because she "did not want [her] children to be around people that pretend[ed] to love them." Theresa testified that she had further explained to Michael and Robin that she "did not appreciate the way that they [gave] - - focus[ed] all of their attention on just [Jane] in front of the other children." And that if they were choosing to have different degrees of relationship with the children, then it did not need to be so obvious or "as excessive as it [was]."

¶17. Theresa said that she did not want Jane, Michael, and Robin to sleep in the bed together, and that for years she had told them not to do so. In addition, Theresa testified that Michael and Robin gave Jane melatonin drops, which she believed were unsafe for her children. Theresa testified that she had very clearly told them that there would be "no more visitation[s]."

B. Jacob Hutson

¶18. On or about August 11, 2019, Jacob allowed Michael to visit with Jane at Michael’s house for about two hours. Afterward, Jacob testified that he denied his father visitation because he was showing "signs of craziness." In sum, Jacob said that Michael came by his house and was stealing stuff from him.

¶19. On or about August 19, 2019, Michael showed up where Jacob worked. Jacob said that Michael was ranting at him at his office, stating that he (Michael) was "going to make sure that [he] [was] never going to have somewhere to hunt." Jacob also stated that Michael had told him that he (Jacob) was going to have to get his stuff from the Farm and that he (Jacob) was not going to be able to keep Jane away from him (Michael). Jacob further testified that Michael Was cursing, being irate, and telling Jacob that he (Michael) was going to destroy Jacob’s "duck blind." Jacob testified that he had told Michael that the conversation was inappropriate and that Michael was acting like a child.

¶20. Later that day, Michael showed up at Jacob’s house in a vehicle with a trailer attached. Michael had at least "two elk heads and a caribou head" on the trailer. Jacob said that his father had been hanging out the window and driving up and down the street. Jacob testified that Michael had been laughing and said, "Hey, this is me acting like a child."

¶21. Jacob testified that he had filed criminal charges against Michael in Madison County for allegedly stealing his guns and deer heads. Jacob testified that he knew Michael had stolen his guns because Michael had been telling him that if Jacob let Michael see Jane, then he would get his guns back. Jacob also stated that Michael had promised certain guns to Theresa’s eldest son but later said that her son was not his grandchild. But Jacob did not know whether the charges had been pursued or dismissed.

¶22. Jacob stated that he saw the look in his father’s eyes when he showed up at his workplace and at his home. Jacob said that it reminded him of the look he saw in Michael’s eyes when Jacob was a child. He stated that he knew something was wrong with his father because had only...