The Mississippi Court of Appeals handed down six opinions today. Trial courts and appellees ran the table getting affirmed in all six cases. The opinions include resolution of appeals related to adverse possession, easements, custody, wrongful termination, PCR, and child support.
Jackson v. Mullins, 2021-CP-00495-COA (Civil – Torts)
Affirming summary judgment dismissing a three-ring-circus claims filed by a divorcee against the chancery court master who presided over his divorce case, together with a Mississippi Bar employee and the chairman of the Bar’s Committee on Professional Responsibility who handled a bar complaint the plaintiff filed against the special master, and an MDHS employee, holding that the trial judge who granted summary judgment was not biased and that the special master and the Bar personnel were immune from suit.
(10-0.)
Franco v. Ferrill, 2021-CA-00053-COA (Civil – Real Property/Adverse Possession)
Affirming the chancellor’s rulings in a fact-intensive adverse possession suit, holding that the record supported the chancery court’s findings that (1) the plaintiffs adversely possessed the property, (2) the plaintiffs have proved a prescriptive easement to a lake, (3) the plaintiffs were entitled to $5,000 in damages for trespass and property damage, (4) the defendants must remove a fence of pay for fence removal, and (5) a trespass claim filed by one defendant should be denied.
(Judge McCarty concurred in part and in the result, joined by Judge Lawrence.)
Stuckey v. Stuckey, 2020-CA-00848-COA (Civil – Custody)
Affirming the chancellor’s decision modifying a custody agreement, holding that the record supported (1) the chancellor’s determination that there has been an adverse, material change in circumstances; (2) the chancellor’s weighing of the Albright factors to conclude that primary physical custody should be changed from the mother to the father; (3) the chancellor’s decision modification of child support; and (4) the chancellor’s order requiring the mother to undergo quarterly drug testing.
(Judge McCarty concurred in part and in the result without separate written opinion. Judge Wilson concurred in the result only without separate written opinion.)
Leland School District v. Brown, 2021-CA-00157-COA (Civil – Contract/Wrongful Termination)
Affirming on direct appeal and cross-appeal the chancellor’s ruling in a wrongful termination claim, holding (1) that the chancellor properly denied a motion to dismiss for lack of jurisdiction, (2) that the chancellor properly found that the school board’s decision upholding the plaintiff’s termination was not supported by substantial evidence and was arbitrary and capricious, and (3) that the chancellor did not err in denying attorney’s fees.
(10-0.)
Brumfield v. State, 2020-CP-01271-COA (Civil – PCR)
Affirming the circuit court’s denial of the plaintiff’s motion for PCR, holding that the plaintiff did not meet his burden in challenging the timeliness of his probation revocation hearing.
(10-0.)
Kelley v. Zitzelberger, 2021-CA-00119-COA (Civil – Domestic Relations/Child Support/Visitation)
Affirming the chancellor’s decisions pertaining to child support and visitation modifications, holding that (1) the chancellor did not abuse his discretion in denying the father’s request for child support reduction or in refusing to enforce the parties’ oral agreement to reduce child support, (2) the chancellor’s decision that the father was not entitled to have voluntary payments for extracurricular activities credited to his child support arrearage was not clearly erroneous, and (3) the chancellor’s decision modifying visitation was not manifestly wrong or clearly erroneous. The Court of Appeals also denied the mother’s motion for fees and damages under Miss. R. App. 38.
(Judge Emfinger concurred in part and in the result without separate written opinion.)
Other Orders
Mingo v. McComb School District, 2020-CA-00022-COA (denying rehearing)
Butler v. State, 2020-KA-00806-COA (denying rehearing)
Mississippi Appeals Blog 