The Mississippi Court of Appeals handed down seven opinions today. Three of the opinions are reversals: an MTCA/med mal case, an MTCA/personal injury case, and a misdemeanor appeal. Another appeal was dismissed for lack of appealable judgment. The three cases affirmed are a PCR case, a felony appeal, and a UM coverage case.
Varnado v. State, 2024-CP-01093-COA (Civil – PCR)
Affirming denial of a second motion for PCR, holding that the trial court did not abuse its discretion in finding that the claims were time-barred, successive, and not subject to any statutory exceptions.
(10-0: Lassitter St. Pe’ for the Court)
University of Mississippi Medical Center v. Thomas, 2024-CA-01099-COA (Civil – Med Mal)
Reversing a judgment against UMMC after a bench trial in a MTCA med mal case, holding that the plaintiff’s expert failed to establish the essential element of proximate cause.
(6-4: Lawrence concurred in part and dissented in part, joined by Carlton and joined in part by Westbrooks, McDonald, and McCarty; McDonald dissented without writing; Westbrooks dissented, joined by McDonald, and joined in part by Lawrence)
Practice Point – The majority opinion included this dicta regarding the duty to supplement expert testimony:
Moore v. State, 2024-KA-01129-COA (Criminal – Felony)
Affirming convictions of burglary of a dwelling, aggravated domestic assault, and kidnapping, holding that the defendant’s speedy trial rights were not violated and that the trial court did not err in admitting medical records of the victim in the absence of an objection.
(10-0: McCarty for the Court)
Dillon v. Holmes, 2025-CP-00139-COA (Civil – Real Property)
Dismissing appeal for lack of a final, appealable judgment.
(10-0: Westbrooks for the Court)
Joiner v. City of Holly Springs, 2024-CA-01085-COA (Civil – Personal Injury)
Reversing the grant of summary judgment for the City in an MTCA personal injury case, holding that the city was not shielded from liability under section 11-1-66 because the alleged cause of injury of the independent contract was the negligence of a City employee or under section 11-46-9(1)(v) because this is not a premises liability case and, even if it was, the condition was created by the alleged negligence of a City employee.
(10-0: Wilson for the Court)
Heiser v. State Farm Mutual Automobile Insurance Company, 2024-CA-01042-COA (Civil – Insurance)
Affirming summary judgment of no coverage in a UM case, holding that the trial court did not err in finding no coverage where the death was not caused by the use of the covered vehicle.
(8-2-0: Carlton for the Court; McDonald and Lawrence concurred in result only)
Reardon v. State, 2024-KM-00839-COA (Criminal – Misdemeanor)
Reversing the circuit court’s dismissal of an appeal from justice court, holding that the problems the pro se appellant had in perfecting his appeal resulted from the justice court erroneously allowing his attorney withdraw before filing a notice of appeal with appropriate bonds.
(8-2-0: Barnes for the Court; Wilson and Emfinger concurred in result only without writing)
Other Orders
- Edwards v. Johnson, 2023-CA-01271-COA (denying rehearing)
- Roley v. Roley, 2024-CP-01004-COA (denying rehearing)
Mississippi Appeals Blog 