Mississippi Court of Appeals, Decisions of August 11, 2026

The Mississippi Court of Appeals handed down five opinions today. We got a real property special exception case, a PCR case, a products liability case, a distribution of marital property case, and a direct criminal appeal.

City of Natchez v. Banks, 2025-CA-00408-COA (Civil – Real Property)
Affirming the Circuit Court’s decision reversing the Natchez Planning Commission, holding that the Commission acted outside its apparent authority by revoking a special exception.
(10-0: Emfinger for the court)

Robertson v. State, 2025-CP-00806-COA (Civil – PCR)
Affirming dismissal of a PCR motion seeking relief from partial revocation of suspended sentence, holding that the circuit court did not err in summarily dismissing the claim.
(10-0: Emfinger for the court)

McGilberry v. SVP Sewing Brands, LLC, 2025-CA-00904-COA (Civil – Other Torts)
Affirming the Circuit Court’s grant of summary judgment dismissing a product liability case, holding that the plaintiff did not come forward with evidence to prove causation.
(10-0: Emfinger for the court)

Practice Point – This is not something you want to read:

Winton v. Dean, 2024-CA-01326-COA (Civil – Domestic Relations)
Affirming the Chancellor’s property division decision, holding that the chancellor did not err in the methodology or calculation with respect to the application of COLA to one side’s PERS benefits.
(7-3-0: Westbrooks for the court; Carlton, Wilson, and Emfinger concurred in result only without writing)

Thompson v. State, 2024-KA-01296-COA (Criminal – Felony)
Affirming conviction of first degree murder, holding that the defendant’s rights under the Confrontation Clause were not violated because the statement at issue was made during an emergency and was non-testimonial in nature and that the trial court did not abuse its discretion in refusing a stand your ground jury instruction.
(7-2-1: Weddle for the court; Carlton, Wilson, and McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part, joined by McDonald)

Other Orders

Stallworth v. State, 2026- TS-00431-COA (suspending the deadline to appeal)

Hand Down Page

Author: Madison Taylor

Shareholder at Wilkins Patterson in Mississippi handling appeals as well as all stages of liability and workers' compensation matters. Admitted to the bar in Mississippi, Tennessee, and North Carolina. View all posts by Madison Taylor

About

Mississippi Appeals Blog is written by Madison Taylor. I primarily post summaries of decisions from the Mississippi Supreme Court and the Mississippi Court of Appeals and some content on appellate and trial practice in Mississippi and legal miscellany. I am not affiliated with any court.

I am a shareholder at Wilkins Patterson where I have a litigation and workers’ comp practice and lead the firm’s appellate practice. I am licensed in Mississippi, Tennessee, and North Carolina and admitted to the United States Courts of Appeals for the Fourth, Fifth, and Sixth Circuits.

If I can assist you on an appeal or other legal matter please reach out. You can find my contact information on my firm page.

Some Representative Appeals I have handled:

Estate of Pace: Pace v. Phillips, No. 2025-CA-00223-COA (Miss. Ct. App. July 28, 2026). I represented the appellant and obtained a reversal of the chancellor’s decision canceling a probated claim.
Smith v. Dennis Wright & Son Plumbing, No. 2025-WC-00046-COA (Miss. Ct. App. Mar. 31, 2026). I represented the appellee and secured the affirmance of a decision of the Mississippi Workers’ Compensation Commission.
Unruh v. Johnson, 404 So. 3d 1166 (Miss. 2025). I represented the appellant on interlocutory appeal and won reversal and rendered judgment.
Am. Comp. Ins. Co. v. Ruiz, 389 So. 3d 1060 (Miss. 2024). I represented the potential statutory-employer in a declaratory action filed by a subcontractor’s carrier who sought to void workers’ compensation coverage ab initio after a catastrophic injury. We won summary judgment in federal district court based on a novel theory that the common law remedy of voiding a policy ab initio for material misrepresentation was not available to workers’ compensation policies in Mississippi. On appeal, the Fifth Circuit certified that legal question to the Mississippi Supreme Court. The Mississippi Supreme Court ordered briefing and then held that our theory was correct. The Fifth Circuit took that holding and affirmed the district court’s judgment in our favor.
Joe McGee Constr. Co. v. Brown-Bowens, 368 So. 3d 1277 (Miss. 2023). I represented a road construction contractor in a wrongful death lawsuit stemming from a one-car accident on a closed road. We persuaded the Mississippi Supreme Court to grant an interlocutory appeal and then to reverse the denial of summary judgment for our client.
Haynes v. Beckward, 358 So. 3d 1080 (Miss. Ct. App. 2023). After a jury verdict in the plaintiff’s favor in an auto-negligence action, I handled the appeal and won a remittitur based on insufficient expert testimony.
Estate of Ellis v. MMC Materials, Inc., 311 So. 3d 691 (Miss. Ct. App. 2021). I represented the defendant company in a personal injury case. We won summary judgment at the trial court and then secured that victory with an affirmance on appeal.

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