Wednesday, June 17, 2015

Heighten Standard on Proposed Findings

The Mississippi Court of Appeals decided Burnham v. Burnham yesterday located here.  This was where a rehearing was granted from a prior opinion.  The interesting part of the opinion is that it noted that there is no longer heightened review when a chancellor adopts the proposed findings of one party.  The dissent argued that some form of heightened review does or should still exist.  From a practical standpoint, the biggest issue I see with adopting one parties proposed findings is that it is hard to tell if one party actually reached the same decision as the chancellor, or if the trial court had to pick one parties' version due to time constraints or other factors. 

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