Monday, May 11, 2009

For the last time: The Irby divorce petition is EXPIRED!!! GOT THAT WAPT & Clarion-Ledger?

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.

39 comments:

Anonymous said...

I know...that is driving me crazy too. It is like they have cotton stuffed in their ears.

Unknown said...

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.

Civic Warrior said...

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.

Anonymous said...

I really like WAPT. No, I am not retarded.

Kingfish said...

Their coverage of this story has been pretty good but damn, get it right.

Anonymous said...

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.

Kingfish said...

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.

Anonymous said...

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.

Anonymous said...

"Pending" it is......

Anonymous said...

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.

Kingfish said...

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.

Autogyro said...

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.

Anonymous said...

I think you are correct in that effectively,,,, its expired.

Kingfish said...

I've beent told Holloman don't like to go to trial and is known for settling or getting plea bargains.

Anonymous said...

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. ???

Anonymous said...

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.

Kingfish said...

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.

Anonymous said...

I didnt think the defendant had to prove anything.

Kingfish said...

He or she does after the burden is shifted.

Schizo said...

Whoa, Kingfish. What does that mean?

Anonymous said...

"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.

Civic Warrior said...

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.

Anonymous said...

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.

Anonymous said...

Are you really bashing on 16 after all the stories they've done on the Irby investigation. Get real.

Anonymous said...

Lets get this on Larry King or Nancy Grace and see what happens!

Anonymous said...

Oh yeah! Nancy Grace...Nancy Grace! Nancy will have a field day with this case.

Kingfish said...

I'll shoot the bitch if she shows up here.

Anonymous said...

Oh Kingfish! You don't mean that! She's my hero ;)

Kingfish said...

Dead serious.

Ann said...

And after you do, Kingfish, I'll nominate you for 'Humanitarian of the Year'!

Anonymous said...

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.

Anonymous said...

WJTV just reported that the Irbys have been legally separated since January but living under the same roof.

True?

Kingfish said...

There IS no legal separation in Mississippi and the ONLY thing in the file is a petition and THAT IS IT!!!!

Anonymous said...

Nancy Grace? I just threw up a little in my mouth.

Anonymous said...

The Irbys are not separated or divorcing. Move on people!

Anonymous said...

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.

Lisa said...

Anon at 8:33-I think you're thinking of our next door state.

Kingfish said...

show me a statute or case law.

Anonymous said...

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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