The Mississippi Supreme Court handed down three opinions between last week and this week. One of today’s cases reversed the 12(b)(6) dismissal of a third-party-assault premises case in the face of the Landowners Protection Act that just might end up stirring the premises liability pot. There is also an interesting champerty decision answering a certified question from the Fifth Circuit.
May 15, 2025
Crabtree v. Allstate Property and Casualty Insurance Company, 2024-FC-00827-SCT (Civil – Federally Certified Question)
Answering a certified quest from the Fifth Circuit, holding that Miss. Code Ann. § 97-9-11 (Rev. 2020) prohibits a disinterested third party engaged by a bankruptcy creditor from purchasing a cause of action from a debtor’s estate.
(5-4)
Other Orders
- In Re: The Rules of Civil Procedure, 89-R-99001-SCT (granting rules committee’s motion to withdraw motion to amend Rule 7)
- Chamberlin v. State, 2022-DR-00546-SCT (denying successor petition for PCR)
- Short v. The Break Land Company, LLC, 2022-CT-01180-SCT (denying cert)
- Carr v. State, 2023-DR-00503-SCT (directing Anthony Carr to notify the Court within 30 days of the federal district court’s ruling on the State’s motion; and that, until the federal district court rules on the motion to lift stay, Carr is directed to submit every 90 days from the entry of this order a status report on the posture of the federal case)
May 22, 2025
In the Matter of the Estate of Tatum: Haynie v. Estate of Tatum, 2023-CA-01366-SCT (Civil – Wills, Trusts & Estates)
Dismissing appeal as moot, holding that a decision on the chancery court’s rulings involving the public sale of a one-half interest in a land and cattle company would be of no practical benefit to the appellant because the United States will receive any additional funds over and above what the appellant has already received.
(9-0)
Doby v. South Park Village Apartments, 2023-CA-01094-SCT (Civil – Personal Injury)
Affirming in part and reversing in part the Rule 12(b)(6) dismissal of a personal injury, holding that under the state’s notice pleading standard the complaint sufficiently pleaded a negligence claim against an apartment complex after one of the plaintiffs was shot on the premises, but affirming dismissal as to the other plaintiff because the complaint contained no allegations as to him.
(9-0)
Practice Point – This is an fascinating result in an area of premises liability seems to have been gutted by the Landowners Protection Act that became law in 2019:
Other Orders
- Harris v. State, 2023-CT-00460-SCT (denying cert)
- Dollar General Corporation v. Dobbs, 2023-IA-00617-SCT (denying rehearing)
- Lenoir v. State, 2023-IA-01181-SCT (denying rehearing)
- Doukas v. Kiln Self Storage, 2023-CT-01195-SCT (denying cert)
Mississippi Appeals Blog 