The Mississippi Supreme Court handed down two opinions today. One is a statute of frauds case and the other is an estate case involving real property. The latter includes a six-vote special concurrence.
Palmer’s Grocery Inc. v. Chandler’s JKE, Inc., 2024-IA-00194-SCT (Civil – Contract)
Reversing the circuit court’s grant of summary judgment on seven of ten claims stemming from the sale of a grocery store that fell through, holding that the plaintiffs complaint plausibly invoked the merchants’ exception and the part-performance exception to the Statute of Frauds.
(9-0: Ishee for the Court)
Practice Point – This one provides a good opportunity to brush up on the Statute of Frauds.
In the Matter of the Estate of Johnson: Manners v. Estate of Johnson, 2023-CT-00823-SCT (Civil – Wills, Trusts & Estates)
Reversing the Court of Appeals and reinstating the judgment of the chancery court in an estate matter, holding that an Article of Agreement signed by the decedent did not operate as a deed was not a foundation for the basis of a claim against the estate.
(5-6*-3: Branning for the Court; Randolph specially concurred, joined by Maxwell, Ishee, Griffis, Sullivan, and Branning; Coleman dissented, joined by King and Chamberlin)
Practice Point – Chief Justice Randolph’s special concurrence garnered votes form five other justices, giving it precedential effect, however limited its reach may be. The special concurrence stated that Justice Branning’s “opinion is unassailably correct and consistent with the Court’s precedent” and took issue with the dissent.
Other Orders
- In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending Appendix A to the Mississippi Rules of Civil Procedure to add the attached form subpoenas as follows: Exhibit A as Form 6, Exhibit B as Form 7, and Exhibit C as Form 8.)
- In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (granting Expedited Petition to Amend the Rules and Regulations for Mandatory Continuing Legal Education and the Amended Expedited Petition to Amend the Rules and Regulations for Mandatory Continuing Legal Education filed by the Mississippi Commission on Continuing Legal Education as set forth in Exhibit A.)
- Clark v. State, 2022-DR-00829-SCT (denying rehearing)
- United Services Automobile Association v. Estate of Minor, 2023-CA-000490SCT (denying rehearing by equally divided Court with Coleman not participating)
- Chambers v. State, 2023-CT-00626-SCT (denying cert)
- Craft v. State, 2023-CT-00915-SCT (denying cert)
- Terry v. State, 2023-CT-00979-SCT (denying cert)
- Rodriguez v. Diamondhead Country Club and Property Owners Association Inc., 2024-SCT-00238-SCT (denying cert)
- Summers v. Big Black Land & Timber Company, LLC, 2025-M-00366-SCT (denying petition for interlocutory appeal)
- Arnold v. Staffney, 2025-IA-00562-SCT (granting interlocutory appeal)
Mississippi Appeals Blog 