The Mississippi Supreme Court handed down four opinions today. There is a petition for back pay from reinstated utility commissioners, a reversal of a personal injury verdict in Madison County because the trial court abused its discretion admitting expert testimony, an appeal of the denial of a motion for remittitur/new trial after plaintiff’s verdict in a contract case, and a direct appeal of a drug possession conviction.
Slaughter v. City of Canton, 2023-CA-01102-SCT Civil – Other)
Affirming the circuit court’s denial of a petition of former commissioners of the Canton Municipal Utilities Commission seeking back pay, holding that the circuit court lacked jurisdiction after the case became final upon issuance of the mandate affirming the circuit court’s prior reinstatement of the commissioners.
(9-0)
Scarborough v. Logan, 2022-CA-00965-SCT consolidated with 2023-CA-00720-SCT (Civil – Personal Injury)
Reversing on cross-appeal a plaintiff’s verdict in a personal injury case, holding that the trial court abuse its discretion by allowing expert testimony from a witness who was never qualified or tendered as an expert witness and dismissing the direct appeal issues as moot.
(9-0)
Stribling Equipment, LLC v. Eason Propane, LLC, 2023-CA-00862-SCT (Civil – Contract)
Affirming the trial court’s decision denying a new damages trial and/or remittitur, holding that the amount of damages was high but not shocking and was supported by the evidence.
(9-0)
Vivian v. State, 2023-KA-00338-SCT (Criminal – Felony)
Affirming conviction of felony possession of meth and misdemeanor possession of marijuana, holding that there were no errors wanting reversal based on counsel’s Lindsey brief and the record.
(9-0)
Other Orders
- Roley v. Roley, 2022-CT-01104-SCT (dismissing petition for cert)
- Nettles v. Nettles, 2023-CT-00041-SCT (granting cert)
Mississippi Appeals Blog 