Opinion
2020-M-00739-SCT
12-10-2020
Justin McPhail v. Collette E. McPhail
EN BANC
Grenada Chancery Court;
LC Case #: 22CH1:12-cv-00132;
Ruling Judge: Percy Lynchard, Jr.;
Disposition: The Notice of Appeal filed pro se by Justin McPhail is dismissed due to the lack of an appealable judgment for a direct appeal and the untimeliness of a request for interlocutory appeal. The Chancellor is directed to hold a hearing within the next 60 days regarding the incarcerated status of the Petitioner. At said hearing, the Chancellor shall: (1) make a written determination as to whether the Petitioner has an inability to pay the financial obligations imposed upon him by the chancery court; (2) make a written determination, with specificity, as to the exact requirements necessary for the Petitioner to be released from incarceration; and (3) provide written findings of fact and conclusions of law regarding the two issues above sufficient to allow an appellate court to review this matter should an appeal be filed. All Justices Agree. Order entered 12/07/20.