The Mississippi Supreme Court handed down to five opinions today. One wades into a contingency-fee contract dispute, one is a statutory interpretation case involving the bond for appeals by former public school employees, one addresses the admissibility of a defendant’s lay testimony that he suffers from PTSD, and two are related to Bar disciplinary proceedings.
Gilmer v. McRae, 2021-CA-00028-SCT (Civil – Contract)
Affirming the trial court’s dismissal of a complaint stemming from a dispute over a contingency fee arrangement and its award of attorney’s fees, holding that the defendant’s attorneys (who were also defendants) were immune from suit as they were acting in their capacity as attorneys, there was no abuse of discretion in awarding attorney’s fees against the plaintiff, and there was no abuse of discretion in denying the plaintiff’s amended motion to amend.
(9-0)
Greenville Public School District v. Thomas, 2021-IA-00456-SCT (Civil – State Boards and Agencies)
Affirming on interlocutory appeal the chancellor’s decision setting the bond for an appeal by a former public school district employee, holding that section 37-9-113(2) does not require a bond to cover the cost of the transcript and that there was no abuse of discretion in setting the bond at the statutory minimum of $200.
(8-1-0: Justice Ishee concurred in part and and in the result)
Bland v. State, 2021-KA-00973-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not err by excluding the defendant’s lay testimony claiming he suffered from PTSD.
(5-4-0: Justice Kitchen concurred in part and in the result, joined by Justice King, Justice Coleman, and Justice Ishee–this concurrence opined that the exclusion was error but that the error was harmless)
Louvier v. The Mississippi Bar, 2022-BR-00205-SCT (Civil – Bar Matters)
Granting reinstatement over the Bar’s opposition.
(9-0)
The Mississippi Bar v. Petty, 2022-BD-00402-SCT (Civil – Bar Matters)
Ordering public reprimand and payment of the Bar’s costs.
(9-0)
Other Orders
In Re: Advisory Committee on Rules, 89-R-99016-SCT (appointing or reappointing members of the Advisory Committee on Rules)
Daniels v. Family Dollar Stores of Mississippi, Inc., 2021-CT-00781-SCT (denying cert where COA affirmed summary judgment for defendant in slip and fall case as summarized here) [*Corrected link]
Mississippi Appeals Blog 