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Callaway v. Garland

The appellants failed to show that an earlier appeal in a child custody dispute had supersedeas effect, as the Court found no indication that the child's mother paid all appeal costs in the earlier appeal.

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Peggy and Mike Callaway appeal an order returning custody of their grandson to his mother, Wendy Garland. The Callaways argue, first, that the trial court lacked jurisdiction due to an earlier appeal; but because they failed to show that appeal costs had been paid in the earlier appeal, they have failed to show that the earlier appeal had supersedeas effect. And as reasonable evidence supports the trial court’s decision to return custody to Garland, we affirm.

Garland was married to the Callaways’ son. In the course of their divorce proceedings, the trial court awarded custody of the child to the Callaways and granted Garland visitation. Apparently, Garland filed a pro se notice of appeal of that order. The Callaways filed the instant action to modify the visitation provisions of the custody award; they sought to suspend Garland’s visitation with her son or to require the visitation to be supervised. Garland filed a counterclaim, seeking custody of her son. The child’s father, who is the Callaways’ son, is not involved in the proceeding. He is being prosecuted for felony aggravated assault and cruelty to children, and his bond conditions prohibit him from having contact with the child.

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