The Mississippi Court of Appeals handed down five opinions today. Two are direct criminal appeals, one is a divorce case addressing child support and division of property, one is an easement case, and the other is a med mal case dismissed for lack of prosecution. Though he did not participate any of today’s decisions, newly minted Judge John D. Weddle made his debut on the hand downs today.
Chapman v. Chapman, 2023-CA-00615-COA (Civil – Domestic Relations)
Reversing findings of the chancellor in a divorce action, holding that the chancellor erred in his calculation of the father’s adjusted gross income and remanding for child support recalculation and holding that the chancellor erred concerning whether a boat was marital or non-marital property.
(5-4-0: Wilson and McCarty concurred in part and in the result without separate written opinion; Carlton and Westbrooks concurred in result only; Weddle did not participate)
Word v. U.S. Bank, 2023-CA-00160-COA (Civil – Real Property)
Reversing the chancellor’s judgment in an easement case, holding that the chancellor erred in awarding an easement by necessity because the plaintiff was not entitled to an easement by necessity and presented no evidence regarding the costs of using an available alternative access route.
(8-1-0: Wilson concurred in part and in the result without writing; Weddle did not participate)
Randall v. State, 2023-KA-00587-COA (Criminal – Felony)
Affirming conviction of aggravated assault and first-degree murder, holding that the trial court did not err in excluding evidence of one victim’s postmortem toxicology report showing the presence of recreational drugs in his system or in applying the firearm enhancement.
(8-1-0: Westbrooks concurred in result only without writing; Weddle did not participate)
Eason v. South Central Regional Medical Center, 2023-CA-00261-COA (Civil – Medical Malpractice)
Affirming dismissal of a complaint for failure to prosecute a med mal case against a nursing home, holding that the circuit court did not abuse its discretion in dismissing the case pursuant to Rule 41(b) after two years of delay.
(5-1-3: Westbrooks concurred in part and in the result without writing; McDonald dissented without writing; Lawrence dissented, joined by McDonald and McCarty; Westbrooks joined in part; Weddle did not particiapte)
N0te – The dissent’s position was that the COVID-10 pandemic was a mitigating factor and that the trial court’s failure to consider it was an abuse of discretion. It concludes:
Cauthen v. State, 2023-KA-00589-COA (Criminal – Felony)
Affirming conviction of non-residential burglary, holding that the trial court did not err in refusing to instruct the jury on the lesser-included offense of trespass.
(8-0: Emfinger and Weddle did not participate)
Other Orders
- Archer v. Harlow’s Casino Resort & Spa, 2022-CP-01060-COA (denying rehearing)
- Doss v. State, 2022-KA-01185 (denying rehearing)
- Black v. State, 2022-KA-01223-COA (denying rehearing)
- Jiles v. State, 2023-CP-00383-COA (denying rehearing)
Mississippi Appeals Blog 