The Mississippi Court of Appeals handed down four opinions today. There is a divorce case with an interesting forgery issue. There is also a negligent-versus-intentional-conduct tort case case. The other two are a felony appeal and a med mal verdict appeal.
Lavant v. State, 2024-KA-00953-COA (Criminal – Felony)
Affirming conviction of one count of aggravated trafficking of a controlled substance, holding that the trial court did not abuse its discretion in limiting cross-examination of a State’s witness.
(10-0: Weddle for the Court)
Merritt v. Merritt, 2024-CA-01158-COA (Civil – Domestic Relations)
Reversing the chancery court’s decision denying a motion to set aside and nullify judgment of divorce based on a claim of forgery, holding that the chancellor abused his discretion in denying relief because the movant proved by clear and convincing evidence that the divorce was procured by fraud and misrepresentations by the respondent or his attorney.
(10-0: Emfinger for the Court)
Note – This one is wild.
Brent v. Ridgeway, 2024-CA-01238-COA (Civil – Torts)
Reversing on direct appeal and affirming on cross appeal after a jury verdict for negligent infliction of emotional distress, holding that there was no basis for a claim of negligent infliction of emotional distress because all alleged acts by the defendant were intentional.
(6-1: Emfinger for the Court; Carlton, Lawrence, and McCarty did not participate)
Practice Point – This opinion is an interesting continuation of a line of cases that intentional acts cannot support claims of negligence.
Greer v. Vicksburg Healthcare, LLC, 2024-CA-00809-COA (Civil – Med Mal)
Affirming the trial court’s denial of the plaintiff’s motion for JNOV after a defense verdict, holding that the jury’s verdict was not against the overwhelming weight of the evidence.
(9-1: Wilson for the Court; McDonald concurred in part and dissented in part without writing)
Other Orders
- Oates v. State, 2024-KA-00267-COA (denying rehearing)
- Barnes v. City of McComb, 2024-CA-00989-COA (denying rehearing)
- Smith v. Dennis Wright & Son Plumbing, 2025-WC-00046-COA (denying rehearing)
Mississippi Appeals Blog 