The Mississippi Supreme Court handed down three opinions today. One is a unique decision addressing sovereign immunity, full faith and credit, and comity. One is a chapter in a post-foreclosure eviction saga. The last is an appeal of a felony conviction with a Lindsey brief.
The Promenade D’Iberville, LLC v. Jacksonville Electric Authority, 2023-CA-01273-SCT (Civil – Other)
Reversing dismissal of a claim against a utility from another state for lack of subject matter jurisdiction based on sovereign immunity, holding that the suit for damages against the utility did not violate full faith and credit or comity principles.
(9-0: Sullivan for the Court)
Federal National Mortgage Association v. Carbo, 2024-CA-00277-SCT (Civil – Real Property)
Affirming the county court’s decision granting a homeowner’s motion to dismiss a claim for eviction and back rent filed by the company that purchased the home in a foreclosure sale but subsequently sold it, holding that the trial court did not err in denying the company’s motion to substitute the subsequent purchaser as plaintiff, in dismissing the company’s suit for lack of standing, or in finding that the company’s suit was barred by res judicata.
(9-0: Coleman for the Court)
Clark v. State, 2024-KA-00446-SCT (Criminal – Felony)
Affirming conviction of trafficking eutylone, holding that after reviewing counsel’s Lindsey brief, the pro se brief, and the record, that the appeal lacked merit and no issues warranted supplemental briefing.
(9-0: King for the Court)
Other Orders
- Jordan v. State, 1998-DP-00901-SCT (denying motion for rehearing as to execution date)
- Arnold v. State, 2023-CT-00519-SCT (denying cert)
- Federal National Mortgage Association v. Carbo, 2024-CA-00277-SCT (denying motion to dismiss for lack of standing)
- Jordan v. State, 2024-DR-01272-SCT (denying rehearing)
Mississippi Appeals Blog 