Cummins v. Goolsby

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Dr. Christopher Cummins, married man who was separated but not divorced from his wife, began a romantic relationship with one of his employees, Leah Jordan Goolsby (Jordan). The two began living together, had a child, and became engaged to one another. Cummins never divorced his wife. and he and Jordan never married. Jordan eventually ended their relationship and kept the engagement ring and wedding ring he gave her. When Jordan filed a paternity suit for child-support payments for their child, Cummins counterclaimed for the rings, which together were worth $11,435. Alternatively, he argued that if Jordan was awarded the rings, their value should be deducted from any child-support obligation. The chancellor awarded the rings to Jordan, finding the rings were not a conditional gift, because the condition of marriage was not met, since Cummins had remained married to his wife. The chancellor certified the ruling on the ring issue as final, and Cummins appealed. After review, the Mississippi Supreme Court agreed the fatal fact to Cummins’s claim was his marriage to another woman: because Dr. Cummins could not legally marry at the time he gave the engagement rings, he could not argue to a court of equity that he was entitled to get the rings back, since the condition of marriage never took place. Because Cummins has no right to recover the rings due to his unclean hands, the Supreme Court affirmed. View "Cummins v. Goolsby" on Justia Law

Posted in: Family Law

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