Melvin Foster, et al. v. Harold Collins, et al.

Case Number
W2004-01959-COA-R3-CV

Fourteen members of a church filed a complaint against the church leadership seeking an injunction to prevent the church from renewing the pastor’s contract and to enjoin the church leadership from utilizing church funds in a manner which displeased them. The parties ultimately settled the case by entering into a settlement agreement, which the chancery court incorporated into its order dismissing the case with prejudice. Shortly thereafter, the members filed a petition seeking to hold the church leadership in contempt for violating the terms of the settlement agreement. The chancellor found the church leadership to be in civil and criminal contempt of the order dismissing the case and imposed fines and jail time. The church leadership appealed to this Court. After reviewing the record in this case, we hold that the chancery court lacked subject matter jurisdiction over this case from the outset. Accordingly, the resulting order, which served as the basis for the chancery court’s finding of contempt, is void. We reverse the chancery court’s ruling in this case and dismiss the case in its entirety.

Authoring Judge
Judge Alan E. Highers
Originating Judge
Chancellor Walter L. Evans
Case Name
Melvin Foster, et al. v. Harold Collins, et al.
Date Filed
Dissent or Concur
No
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