KINN (Karen Irby News Network) got it wrong tonight:
"A clerk with the Hinds County Chancery Court said Monday that there is a divorce petition pending for the Irbys. The divorce petition was filed in Sept. 15, 2008 by Stuart Irby, court records show. The complaint alleges habitual cruel and inhuman treatment and irreconcilable differences. The couple has been married since June 11, 2005, but has been legally since September 12, 2008. However, they Irbys continued to live together in their Jackson home, according to the documents.
The Irbys have a 3-year-old son."
WAPT story
Just one problem. If WAPT had bothered to actually READ the file or ask the clerk on the phone if there had been service of process filed, they would've discovered there WAS no service of process filed and thus under the Mississippi Rules of Civil Procedure, the petition expired as there was no service filed within 120 days after the petition was filed.
Original post on divorce petition
Rule 4(h) of the Mississippi Rules of Civil Procedure states:
"(h) Summons: Time Limit for Service. If a service of the summons and complaint
is not made upon a defendant within 120 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without
prejudice upon the court's own initiative with notice to such party or upon motion."
Jimmie Gates of the Clarion-Ledger mentioned the divorce petition in his story Friday and made the same mistake, said it was pending. I have a feeling WAPT just copied the newspaper and got the clerk to verify. If they are going to report on these court documents, then they should actually READ them. Pitiful.
Monday, May 11, 2009
For the last time: The Irby divorce petition is EXPIRED!!! GOT THAT WAPT & Clarion-Ledger?
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Trollfest '09
Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.
Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).
Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.
Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".
In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.
In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.
Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.
Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).
Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.
Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".
In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.
In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.
Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.
Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
Trollfest '07
Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.
There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.
If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.
If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
39 comments:
I know...that is driving me crazy too. It is like they have cotton stuffed in their ears.
No they are just making a TV version of the Clarion-Ledger story. That is what they do everyday==read the paper and decide which columns should become the TV stories.
You shouldn't be surprised about WAPT. This is the same TV station that takes unverified, and unsubstantiated, Twitter messages then broadcasts a story based only on those messages over the public airwaves as news. Like the JFP, over at WAPT they don't know what they don't know.
I really like WAPT. No, I am not retarded.
Their coverage of this story has been pretty good but damn, get it right.
Actually they are probabaly right, technically. Yes, the petition will be dismissed unless good cause can be shown for lack of service. But at this point, there is no indication that Karen or any other party has made a motion to dismiss the petition on the grounds of lack of service, and there is no indication that the court sua sponte dismissed the petition for lack of service. So, technically, it is probably still lingering. Of course if Karen were now to be served with it, it would of course be dismissed for being untimely served.
Its not pending anymore. I thought so until a lawyer pointed out that the dismissal is automatic and the plaintiff has to show why it shouldn't be dismissed.
Kingfish:
Don't get me wrong because I agree with just about everything you are saying about the C - L and C 16; but, a complaint is "pending" until it is actually "dismissed." There are lots of things either the plaintiff or the defendant could do to breathe life into this complaint and use it to obtain a divorce.
"Pending" it is......
While I think she needs to serve life in prison for killing those two doctors, I also think you're right KF in that the Irby's are hanging her out to dry.
Sometimes golddigging doesn't pay. This may be one of those times.
And I really do feel sorry for her. I blame her upbringing. Girls only learn what they're taught about money. She's probably always been told her worth (ane everyone elses for that matter) was the sum total of her material belongings.
Funny how when I wrote it was pending a few weeks ago the lawyers came on here correcting me and telling me it had expired.
I don't know if the Irbys are hanging her out to dry, but I don't see the family mounting an especially vigorous defense on her behalf - one that would take this thing all the way to trial.
Not only is there the possibility of too much dirty laundry being aired, but look what Karen Irby has cost the family already: debilitating and likely lifelong physical injuries to her husband, degradation of the family's good name, and exposure to civil litigation that is potentially ruinous to a portion of the Irby fortune.
I may be wrong, but I sense that the family lawyers will try to cut the best deal they can for Karen short of a trial.
I think you are correct in that effectively,,,, its expired.
I've beent told Holloman don't like to go to trial and is known for settling or getting plea bargains.
I said on the other thread,,,
Don't you think all Karen has to say is that Stuart had passed out, or he was choking or she thought he was over dosed or that she thought he was having a heart attack and that she was rushing him to the ER. ???
Leave her family out of this. They are hurt and devastated by this tragedy.
As far as The Irby's "hanging her out to dry", seems their true colors will come out if they do. It does seem from what I have read on this site and others that there were already a few skeletons in the closet before she came along.
None of us know the truth behind their personal lives, nor do we need to. She is the Mother of one of his children and I certainly hope the family will help her in any and every way they can. Would you abandon your wife or family member, even under these circumstances? I would hope not.
You can say anything you want. Now go prove it.
You meaning a defendant.
I can tell a cop all day long I was speeding because I have to go to the bathroom but it never works.
I didnt think the defendant had to prove anything.
He or she does after the burden is shifted.
Whoa, Kingfish. What does that mean?
"I can tell a cop all day long I was speeding because I have to go to the bathroom but it never works."
yeah, but you dont have a
$700.00 per hr lawyer making your case.
Maybe if you got a Twitter account and put the information into a 140 tweet then the numbskulls at WAPT would be able to get a clue.
The general consensus among many Jackson voters I've spoken with is the following:
Due to the direct "preferential" handling of this case - McMillan's endorsement of Crisler will put Harvey back in office.
That my friends, is the bottom line.
Are you really bashing on 16 after all the stories they've done on the Irby investigation. Get real.
Lets get this on Larry King or Nancy Grace and see what happens!
Oh yeah! Nancy Grace...Nancy Grace! Nancy will have a field day with this case.
I'll shoot the bitch if she shows up here.
Oh Kingfish! You don't mean that! She's my hero ;)
Dead serious.
And after you do, Kingfish, I'll nominate you for 'Humanitarian of the Year'!
What I find more amazing is that Grace draws enough audience to justify keeping her on the air. If people weren't tuning in she would have been gone long ago. The production costs for programs like that are also low.
WJTV just reported that the Irbys have been legally separated since January but living under the same roof.
True?
There IS no legal separation in Mississippi and the ONLY thing in the file is a petition and THAT IS IT!!!!
Nancy Grace? I just threw up a little in my mouth.
The Irbys are not separated or divorcing. Move on people!
The term "legal separation" most certainly exists in Mississippi and is used to define the date the marriage was irretrievably broken for purposes of grounds and condonation issues. There is also the term separate maintenance which deals with financial issues mostly and can be a public filing or private agreement between the parties.
Anon at 8:33-I think you're thinking of our next door state.
show me a statute or case law.
The problem with a defense based on what Karen was thinking at the time of the accident is that it requires Karen to testify. The same is problematic for many of the other defense theories presented on the blogs where no independent evidence of a seizure, car malfunction etc. exists.
Of course, good defense attorneys can slip in rather a lot in their summaries and questions if the judge isn't in control of the court room.
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