The Mississippi Court of Appeals handed down four opinions today. The Court also unleashed fourteen other orders, most of which are rehearing denials.
Parra v. Rapid-American Corporation, 2023-CA-01196-COA (Civil – Personal Injury)
Affirming dismissal of a sixteen-year-old asbestos case for lack of prosecution, holding that the trial court did not abuse its discretion where there was a nine-year period of delay.
(10-0: McCarty for the Court)
Taylor v. State, 2023-KA-01201-COA (Criminal – Felony)
Affirming conviction of one count of trafficking methamphetamine, holding that the trial court did not err in denying a motion to suppress evidence derived from a search that the defendant contended was defective.
(9-1-0: Lawrence for the Court; Westbrooks concurred in the result only without writing)
Tauzin v. Tauzin, 2024-CA-00141-COA (Civil – Domestic Relations)
Reversing the chancellor’s order in a divorce case, holding that the chancellor did not err in interpreting or applying the parties’ antenuptial agreement, but that the chancellor did err in classification of marital property and by making insufficient findings of fact and conclusions of law regarding the Ferguson factors.
(8-0: Wilson for the Court; Carlton and Lassitter St. Pe’ did not participate)
Montoya v. State, 2023-KA-01324-COA (Criminal – Felony)
Affirming conviction of three counts of touching a child for lustful purposes, holding that the trial court did not err in giving an instruction that the defendant argued was an improper comment on the evidence and that the defendant’s trial counsel was not ineffective.
(10-0: Barnes for the Court)
Other Orders
- Childs v. State, 2023-CA-00126-COA (denying rehearing)
- Foote v. Memorial Hospital at Gulfport, 2023-CA-00504-COA (denying rehearing)
- Thomas v. State, 2023-KA-00512-COA (denying rehearing)
- Davis v. State, 2023-KA-00811-COA (denying rehearing)
- McHard, McHard, Anderson & Associates, PLLC v. Robertson, 29230CA-00913-COA (granting appellees’ motion for appellate attorney’s fees and expenses)
- Lee v. Doolittle, 2023-CA-00969-COA (denying rehearing)
- McNaughton v. State, 2023-KA-01099-COA (denying rehearing)
- Ruffin v. State, 2024-CA-00867-COA (denying the State’s motion to strike untimely motion for rehearing)
- Pittman v. State, 2024-TS-00983-COA (granting motion for out-of-time appeal)
- Cohen v. Trustmark National Bank, 2024-CP-01317-COA (dismissing appeal for lack of appealable judgment)
- Black v. State, 2025-KM-00042-COA (denying motion to set aside dismissal of appeal)
- Moore v. State, 2025-TS-00550-COA (allowing appeal to proceed on its merits)
- Gales v. State, 2025-TS-00633-COA (granting pro se motion to proceed out of time)
- Robinson v. State, 2025-TS-00700-COA (dismissing appeal for lack of appealable judgment)
Mississippi Appeals Blog 