Too Late to Bring It

Occasionally I see people who want to bring claims after they have already been to Court previously and could have brought the claim then with regard to back child support or something else.  In Mississippi the law is pretty clear that if you don’t bring it the first time, you cannot bring it later.  

 
Take a look at the two following cases when you get some time.  I have had two separate cases where I have had a contempt action of an opposing party dismissed based on these two cases.  

(a)  Russell v. Russell, 724 So.2d 1061, 1064 Paragraph 17 (Miss. App. 1998) – chancellor abused his discretion in ordering payment of medical bills that could have been brought in earlier proceedings. 

(b)  Clements v. Young, 481 So.2d 263, 270 (Miss.1985).  The Court held that "[i]f there was a problem about medical or dental bills prior to [the earlier contempt proceeding], the matter could have and should have been litigated then. The decree ... is res judicata with respect to all claims that were presented or may reasonably have been presented at that time." Id.