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WALLER v. WALLER

No. 1998-CA-01067-SCT.

754 So.2d 1181 (2000)

Penny Carol Foust WALLER v. Kenneth Neal WALLER.

Supreme Court of Mississippi.

January 13, 2000.

Attorney(s) appearing for the Case

Omar D. Craig, Oxford, Attorney for Appellant.

Claude Melvin Davis, Oxford, Attorney for Appellee.

BEFORE PITTMAN, P.J., McRAE AND SMITH, JJ.

McRAE, Justice, for the Court:

¶ 1. When a contested divorce is dismissed for failure of proof, the parties, while still married, may nonetheless dispute custody. In this case, the chancellor denied the divorce and held that both parties had full access and custody to all three children. The wife, a week later, filed a second suit for custody. The chancellor in the second case ruled that he was bound by what the first...

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