The Mississippi Supreme Court handed down three opinions from very different areas of law without a single dissent today. The first is a criminal case challenging the sufficiency and weight of the evidence. The second deals with the circuit court’s subject matter jurisdiction over a election contest. The third is a divorce appeal dashed on the rocks of 54(b).
Burden v. State, 2021-KA-00782-SCT (Criminal – Felony)
Affirming conviction of aggravated assault and denial of the defendant’s motion for new trial, holding that the evidence including testimony, medical records, and photographs was sufficient to show that the victim suffered serious bodily injury and that the defendant attempted to cause serious bodily injury and the verdict was not against the overwhelming weight of the evidence.
(9-0)
Holliday v. Devaull, 2021-EC-00486-SCT (Election Contest)
Reversing the circuit court’s decision ordering a special election, holding that the circuit court lack subject matter jurisdiction because the plaintiff failed to file a sworn copy of his complaint to the Aberdeen Municipal Democratic Executive Committee within the 10-day statutory period and that the second amended petition did not relate back to the original petition.
(9-0)
Williams v. Williams, 2021-CA-00875-SCT (Civil – Domestic Relations)
Dismissing the appeal, holding that an order granting husband’s motion to enforce the divorce agreement and entering what was called a “final judgment” incorporating the divorce agreement was not a final, appealable judgment because the court had not resolved the wife’s complaint for divorce and the grounds for divorce.
(8-1-0)
Practice Point – Our remorseless foe Rule 54(b) strike again. If anything is left to be decided, be sure the judgment you want to appeal contains the magic language of a Rule 54(b) final judgment.
Other Orders
Miles v. State, 2019-CT-00895-SCT (rehearing denied)
Mingo v. McComb School District, 2020-CT-00022-SCT (denying cert)
Simmons v. Town of Goodman, Mississippi, 2021-EC-00563-SCT (denying rehearing)
Mississippi Appeals Blog 