The Mississippi Supreme Court handed down five unanimous opinions today with three (3) reversals. The headliner is Lynn Fitch versus Shad White over whether the AG has sole authority to manage litigation and prosecute suits to recover money on behalf of the state.
Smith v. Mississippi Farm Bureau Casualty Insurance Company, 2025-CA-00166-SCT (Civil – Insurance)
Affirming the circuit court’s denial of a motion to intervene in a wrongful death lawsuit, holding that the circuit court did not err in denying the motion as untimely.
(7-0: Griffis for the Court)
Rig Masters, Inc. v. Colenberg, 2024-IA-00506-SCT (Civil – Wrongful Death)
Reversing the trial court’s denial of summary judgment on interlocutory appeal on a negligent entrustment claim, holding that there was no evidence that the title-holder knew or should have known about the driver’s alleged substance abuse problems.
(7-0: Ishee for the Court)
Millette v. Burger, 2024-IA-01152-SCT (Civil – Other)
Reversing the order of a specially-appointed judge who was not assigned to this case granting the plaintiffs’ motion for leave to amend, holding that without an order of reassignment the specially-appointed judge had no authority in the case.
(5-0: Griffis for the Court)
Fitch v. White, 2024-CA-01389-SCT (Civil – State Boards & Agencies)
Reversing the chancery court’s summary judgment, holding that the attorney general possesses authority to prosecute and manage litigation seeking the recovery of state money under sections 7-5-1 and 7-7-211(g) and that the state auditor lacked such authority.
(7-0: Branning for the Court)
Ashford v. Belcher, 2025-CA-00569-SCT (Civil – Real Property)
Affirming the chancery court’s decision confirming title, holding that permission given by the landowner to another precluded the other from adversely possessing the property.
(7-0: Coleman for the Court)
Other Orders
- In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending MRCP 4 and 81)
- CNRS&Z Inc. v. Bridgecrest Acceptance Corporation, 2024-CT-00365-SCT (denying cert)
- Shelton v. State, 2024-CT-00435-SCT (denying cert)
- Carter v. State, 2024-CT-01328-SCT (dismissing cert petition as untimely)
Mississippi Appeals Blog 