The Mississippi Supreme Court handed down two opinions today. One is a voluntary dismissal versus summary judgment dispute and the other addressed where venue was waived by removal to federal court once the case was remanded. There are also two cert grants among today’s orders.
Busby v. The Lamar Company, LLC, 2023-CA-00892-SCT (Civil – Torts)
Affirming the trial court’s decision to grant the plaintiff’s motion for voluntary dismissal and deny the defendant’s motion for summary judgment and for attorney’s fees, explaining that the only difference in the outcome is the award of attorney’s fees which is within the trial court’s discretion.
(8-0: Maxwell for the Court; Branning did not participate)
Benchmark Insurance Company v. Harris, 2024-IA-00813-SCT (Civil – Insurance)
Reversing the trial court’s decision denying the defendant’s motion to transfer venue, holding that the defendant did not waive its objection to venue by first removing the case to federal court (to a district that encompassed both the improper and proper state court venues) prior to filing an answer in state court and then filing a motion to transfer venue on remand.
(9-0: Maxwell for the Court)
Other Orders
- Elmore v. Elmore, 2023-CT-00875-SCT (granting cert)
- McFall v. Osborne, 2023-CT-01234-SCT (denying cert)
- Mortera v. Kona Villa Owners Association, Inc., 2023-CT-01297-SCT (granting cert)
- Okorie v. Citizens Bank, 2024-CT-00462-SCT (denying cert)
Mississippi Appeals Blog 