The Mississippi Supreme Court handed down two opinions today. One addressed whether a father who relinquished parental rights qualified as a wrongful death beneficiary of the child. The other addressed the status of the “colorable interest standard” for standing analysis. There was also an order granting a petition for reinstatement to the bar.
Gibson v. McNatt, 2023-CA-00007-SCT (Civil – Wrongful Death)
Affirming the chancery court’s finding that a deceased minor’s father who had previously relinquished all parental duties and rights in Texas was not a wrongful death beneficiary under Mississippi law, holding that the chancery court did not abuse its discretion because the Texas termination order was valid and was not subject to collateral attack under Mississippi law.
(9-0)
Pearson v. Eubanks, 2022-CT-00011-SCT (Civil – Wills, Trusts & Estates)
Affirming the Court of Appeals that reversed the chancery court’s ruling, holding that the Court of Appeals correctly held that the petitioners had standing, but emphasizing that the Court of Appeals has improperly relied on the “colorable interest standard” that has been abandoned by the Supreme Court.
(8-1-0: King concurred in result only without writing)
Practice Point – The Supreme Court’s short opinion had this to say about the colorable interest standard:
Other Orders
Toolpushers Supply Co. v. Mississippi Department of Revenue, 2021-CT-01186-SCT (granting cert)
Prather v. State, 2021-CT-01416-SCT (denying cert)
Prophet v. State, 2022-CT-00933-SCT (dismissing cert petition)
Jones v. The Mississippi Bar, 2022-BR-01256-SCT (granting petition for reinstatement)
Gibson v. McNatt, 2023-CA-00007-SCT (denying motion to take judicial notice, objections and/or responses to various filings, and motions to strike)
Mississippi Appeals Blog 