Tag: Contract

Mississippi Supreme Court Decisions of March 13, 2025

The Mississippi Supreme Court waited until I was out of town last week to unleash its largest batch of opinions of the year. Six opinions were handed down on Thursday, including one of my cases which was on interlocutory appeal for a service of process issue. There is also one direct criminal appeal, two breach of contract cases (one trial and one summary judgment), an election contest, and a statute of limitations case.

The Court also adopted a new rule of evidence that is “residual exception” to the rule against hearsay.

Unruh v. Johnson, 2024-IA-00028-SCT (Civil – Personal Injury)
Reversing the trial court’s denial of motions to dismiss for insufficient service of process, holding that the trial court erred by granting the plaintiff’s motion for enlargement of time to serve process because the plaintiff could not show “good cause” where both the motion for enlargement of time and the first service attempt came one day after the 120-day service period ended and the plaintiff failed to articulate a legitimate basis for failing to attempt to timely serve process, holding that filing the motion for enlargement of time one day after the 120-day period did not toll the statute of limitations, and rendering judgment in favor of the defendant.
(9-0)

Note – I represented the appellant/defendant in this appeal. I jumped in on this one with Bobby Stephenson when I joined Wilkins Patterson last summer right after interlocutory appeal was granted.

Phillips v. State, 2023-KA-01218-SCT (Criminal – Felony)
Affirming conviction of aggravated assault, holding that the admission of statements on body-camera footage were not testimonial and statements in search warrant affidavit did not violate the Confrontation Clause, that introducing underlying facts and circumstances of the search warrant containing a comment about the defendant’s post-Miranda silence was error albeit harmless, that the cumulative error doctrine did not apply, and that the defendant did not receive ineffective assistance of counsel.
(8-0: Randolph did not participate)

Radco Fishing and Rental Tools, Inc. v. Commercial Resources, Inc., 2023-CA-00376-SCT (Civil – Contract)
Affirming judgment against the defendant for outstanding principal and interest under an accounts receivable line of credit agreement and award of attorneys’ fees, holding that the trial court did not err by granting a motion for partial summary judgment dismissing affirmative defenses, that the defendants’ motions for summary judgment are not reviewable on appeal after they proceeded to trial and litigated, that the trial court did not err by granting a motion to admit parol evidence, that the trial court did not err in denying the defendants’ motions for directed verdict and granting the plaintiff’s motion for directed verdict, that the trial court did not err in granting the plaintiff’s jury instruction on liability, that the trial court did not err by denying the defendants’ post-trial motions, and that the trial court did not err in altering the judgment due to the jury’s disregard of the peremptory instruction and directed verdict, and that the trial court did not err by granting the plaintiff’s motion to bifurcate and award attorneys’ fees.
(6-6*-2: Maxwell specially concurred, joined by five other justices, making it binding precedent; Griffis concurred in part and dissented in part, joined by Coleman)

*Precedential Special Concurrence – With a total of six votes, Maxwell’s special concurrence is precedent and provides significant guidance for the bench and bar going forward, so it deserves its own summary. The special concurrence held that the trial court erred in granting a blanket ruling against all of the defendants’ affirmative defenses, specifically holding that Horton does not apply to “all” affirmative defenses, only those that would have terminated litigation if asserted earlier.

The concurrence explained:

Footnote 11 was also noteworthy:

Final Note – The dissent argued for limiting the Horton doctrine to the issue of asserting the right to arbitration.

Housing Authority of the City of Yazoo City, Mississippi v. Billings, 2023-IA-00975-SCT (Civil – Contract)
Reversing the trial court’s order denying the Housing Authority’s motion for summary judgment on a breach of contract claim against it, holding that none of the alleged terms of the employment contract were contained in the Housing Authority board’s minutes, and rendering judgment in favor of the Housing Authority.
(9-0)

Gavin v. Evers, 2024-EC-00061-SCT (Civil – Election Contest)
Affirming the trial court’s grant of summary judgment in an election contest, holding that the trial court did not err in considering the motion to dismiss and motion for summary judgment simultaneously, did not err in excluding an affidavit that was not based on the affiant’s personal knowledge, did not err in finding no genuine issue of material fact in the voting irregularities claim, did not err by finding that the prevailing candidate met the two-year residency requirement, and did not err in denying the motion for reconsideration and request for additional findings of fact and conclusions of law.
(9-0)

Dollar General Corporation v. Dobbs, 2023-IA-00617-SCT (Civil – Torts)
Reversing the county court’s denial of the defendant’s motion to dismiss for failure to state a claim, holding that the trial court erred in finding the three-year statute of limitations applied where the complaint stated only a claim of defamation which is subject to a one-year statute of limitations.
(5-4)

Other Orders

  • Johnson v. State, 2022-CT-00665-SCT (denying cert)
  • Law Will and Testament of Prichard: Martin v. Arceneaux, 2022-CT-01035-SCT (denying cert)
  • Wilson v. State, 2023-CT-00070-SCT (dismissing pro se cert petition as untimely)
  • Wallace v. State, 2023-CT-00071-SCT (denying cert)
  • NCAA v. Farrar, 2023-IA-00282-SCT (denying rehearing)
  • In Re: Capitol Complex Improvement District Inferior Court, 2025-M-00007-SCT (granting motion to withdraw petition to adopt local rules of CCID Court)
  • In Re: Mississippi Rules of Evidence, 89-R-99002-SCT (granting motion to adopt Mississippi Rule of Evidence 807) Here is the text of the new rule:

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Mississippi Supreme Court Decisions of March 6, 2025

The Mississippi Supreme Court handed down one opinion today addressing the issue of whether a company president’s signature on a commercial lease bound him personally to arbitration under the lease.

R.K. Metals, LLC v. JLA Jome Fabrics, Inc., 2023-CA-00620-SCT (Civil – Contract)
Affirming the trial court’s finding that a company president’s signature in his representative capacity on a commercial lease was binding on him personally, holding that the terms of the lease in question specifically named the president as personal guarantor to the lease and, accordingly, that the president could be compelled to participate in arbitration under the terms of the lease and the doctrines of equitable estoppel and agency.
(9-0)

Note – Here is the operative language from the lease agreement:

Other Orders

In Re K.H.: Berry v. Lincoln County Youth Court of Mississippi, 2024-IA-01299-SCT (granting petition for interlocutory appeal by permission or, in the alternative, writ of mandamus and rendering an order for the respondent to provide requested copies directly to the petitioner pursuant to and consistent with Mississippi Code section 43-21-261(3))

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Mississippi Court of Appeals Decisions of January 28, 2025

The Mississippi Court of Appeals handed down four opinions yesterday and a stray opinion on Thursday of last week. Three are direct criminal appeals, one is a breach of contract/real property case, and the other is a PCR case.

Childs v. State, 2023-CA-00126-COA, consolidated with 2018-CT-00263-COA and 2011-CT-00263-COA (Civil – PCR)
Affirming denial of a motion for PCR, holding that it did not have subject matter over the venue claim, that there was no clear error in denying the Brady claim, and that the claimant failed to establish a claim of ineffective assistance.
(9-0: McCarty did not participate)

JLS Farm Partnership v. ’27 Break Hunting Club, Inc., 2023-CA-00434-COA (Civil – Contract)
Affirming the circuit court’s grant of summary judgment in favor of hunting clubs in a suit filed against them by an adjacent farming partnership after the partnership’s deer depredation permit was revoked and the clubs opposed a new permit, holding that the trial court did not err in finding no evidence to support the partnership’s claims of breach of contract, tortious breach of contract, breach of the implied duty of good faith and fair dealing, and promissory estoppel.
(9-0: Lawrence did not participate)

Haynes v. State, 2023-KA-00861-COA (Criminal – Felony)
Reversing conviction of manslaughter, holding that the trial court erred by denying a stand-your-ground instruction but also holding that the State presented sufficient evidence to sustain the conviction.
(9-1-0: Carlton concurred in result only without writing)

Adame v. State, 2023-KA-00758-COA (Criminal – Felony)
affirming conviction of fondling, holding that the trial court did not abuse its discretion by giving a jury instruction concerning uncorroborated testimony of a sex-crime victim.
(9-0: St. Pe’ did not participate)

Note – Here is the jury instruction that passed muster:

Bonus decision from January 23, 2025

Culbertson v. State, 2023-KA-00588-COA (Criminal – Felony)
Affirming conviction of two counts of aggravated domestic violence as a violent habitual offender, holding that the trial court did not err in refusing a lesser-included offense instruction for each count, in denying a motion to exclude evidence of the defendant’s prior bad acts, or in sentencing him as a habitual offender, and that trial counsel was not ineffective for not submitting a lesser-included instruction that was not warranted.
(5-5: Barnes concurred in part and dissented in part, joined by Wilson, Westbrooks, McDonald, and Emfinger)

Other Orders

  • Mazie v. Boozier-Mazie, 2023-CA-00470-COA (denying rehearing)
  • Walker v. State, 2023-CP-00787-COA (denying rehearing)

Hand Down Page – Jan. 28, 2025

Hand Down Page – Jan. 23, 2025

Mississippi Supreme Court Decisions of October 17, 2024

The Mississippi Supreme Court handed down four opinions today. There is a petition for back pay from reinstated utility commissioners, a reversal of a personal injury verdict in Madison County because the trial court abused its discretion admitting expert testimony, an appeal of the denial of a motion for remittitur/new trial after plaintiff’s verdict in a contract case, and a direct appeal of a drug possession conviction.

Slaughter v. City of Canton, 2023-CA-01102-SCT Civil – Other)
Affirming the circuit court’s denial of a petition of former commissioners of the Canton Municipal Utilities Commission seeking back pay, holding that the circuit court lacked jurisdiction after the case became final upon issuance of the mandate affirming the circuit court’s prior reinstatement of the commissioners.
(9-0)

Scarborough v. Logan, 2022-CA-00965-SCT consolidated with 2023-CA-00720-SCT (Civil – Personal Injury)
Reversing on cross-appeal a plaintiff’s verdict in a personal injury case, holding that the trial court abuse its discretion by allowing expert testimony from a witness who was never qualified or tendered as an expert witness and dismissing the direct appeal issues as moot.
(9-0)

Stribling Equipment, LLC v. Eason Propane, LLC, 2023-CA-00862-SCT (Civil – Contract)
Affirming the trial court’s decision denying a new damages trial and/or remittitur, holding that the amount of damages was high but not shocking and was supported by the evidence.
(9-0)

Vivian v. State, 2023-KA-00338-SCT (Criminal – Felony)
Affirming conviction of felony possession of meth and misdemeanor possession of marijuana, holding that there were no errors wanting reversal based on counsel’s Lindsey brief and the record.
(9-0)

Other Orders

  • Roley v. Roley, 2022-CT-01104-SCT (dismissing petition for cert)
  • Nettles v. Nettles, 2023-CT-00041-SCT (granting cert)

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Mississippi Court of Appeals Decisions of October 1, 2024

The Mississippi Court of Appeals handed down nine opinions yesterday. There is just one criminal case and the rest are civil cases that run the gamut of practice areas from the statute of frauds to a hunting club dispute.

Smith v. Estate of Watson, 2023-CA-00761-COA (Civil – Wills, Trusts & Estates)
Reversing the chancellor’s judgment ordering the payment of creditor’s claims, disbursement of remaining assets, and closing the estate, holding that the chancellor failed to follow the statutory procedure for administering the insolvent estate.
(8-0: Lawrence did not participate)

Lowe v. Wall Doxey State Park, 2023-CA-00828-COA (Civil – Personal Injury)
Affirming dismissal of an MTCA personal injury case, holding that the trial court properly found that the State was not properly served with presuit notice because Plaintiff did not sent notice to the correct state entity.
(9-0)

Stallworth v. Mississippi Department of Employment Security, 2022-CC-01300-COA (Civil – State Boards & Agencies)
Affirming MDES Board of Review’s decision finding that the claimant was disqualified from receiving unemployment benefits, holding that the Board’s decision was substantial evidence and was neither arbitrary nor capricious where evidence showed that the claimant voluntarily left work without good cause.
(7-2-0: Westbrooks and McDonald concurred in result only without writing)

Mazie v. Boozier-Mazie, 2023-CA-00470-COA (Civil – Domestic Relations)
Affirming order granting a motion to enforce a judgment of divorce and finding the ex-husband in contempt and denying a new trial, holding that the chancellor acted within her discretion to find the ex-husband in contempt for not complying with the court’s judgment.
(8-0: Westbrooks did not participate)

Walker v. Hasty, 2023-CA-00675-COA (Civil – Custody)
Affirming the chancery court’s judgment modifying visitation and increasing child support obligation, holding that arguments that the trial was unfair were waived and without merit, that modifying visitation was not a change in custody, that there was substantial evidence to support the chancery court’s findings, and that the court did not prohibit one party from making a proffer and that party failed to make a proffer.
(8-0: Westbrooks did not participate)

Howard v. Nelson, 2023-CA-00947-COA (Civil – Contract)
Affirming dismissal of a case seeking specific performance enforcing an oral contract to sell land, holding that the statute of frauds applied.
(9-0)

Gandy v. State, 2023-KA-01017-COA (Criminal – Felony)
Affirming conviction of two counts of sexual battery and two counts of gratification of lust, holding that the verdict was not against the overwhelming weight of the evidence.
(9-0)

Short v. The Break Land Company, LLC, 2022-CA-01180-COA (Civil – Torts)
Affirming judgment on the pleadings in a dispute between landowners and an LLC that owned adjacent property for a hunting club of which the landowners were members that arose from the landowners wanting to shoot deer that were damaging their crops and the hunting club’s apparent retaliatory rule adoption and ultimate revocation of the landowner’s membership, holding that the landowners failed to state a claim for any causes of action, that the operating agreement barred the landowners’ claims, and that the trial court did not err not allowing the landowners to amend their complaint where they made no request of the trial court.
(8-0: Lawrence did not participate)

Long v. State, 2023-KA-00351-COA (Criminal – Felony)
Affirming conviction of possession of a controlled substance with intent to distribute, holding that the claim trial counsel committed a Batson violation was procedurally barred and without merit, that the trial court did not err in denying the motion for directed verdict, and that the spoliation argument that the State lost photographs of the crime scene was procedurally barred and without merit, and declined to address Plaintiff’s ineffective-assistance-of-counsel claim on direct appeal.
(7-2: Wilson and Emfinger concurred in part and in the result without writing)

Other Orders

  • Clemmons v. State, 2022-CA-00700-COA (denying rehearing)
  • Designer Custom Homes, LLC v. U.S. Coating Specialties & Supplies, LLC, 2023-CA-00207 (denying rehearing)

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Mississippi Court of Appeals Decisions of April 2, 2024

The Mississippi Court of Appeals handed down four opinions yesterday. There was a wills and estates case that was more of an appellate procedure case, a real property contract for sale case, a direct criminal appeal, and a tort/statute of limitations case.

Brown v. Black, 2022-CA-00869-COA (Civil – Wills, Trusts & Estates)
Dismissing appeal of a chancellor’s decision awarding attorneys fees, holding that the 2021 order on attorney’s fees was final and appealable regardless of 2022 certification and that the appeal was therefore untimely.
(9-0: Smith did not participate)

Eaton v. Haney, 2022-CA-00656-COA (Civil – Contract)
Affirming the chancellor’s decision requiring specific performance for sale of real property and awarding damages and attorneys fees, holding that there was a valid contract for the sale of the real property and that the fact dispute between the parties was for the chancellor to decide and that the award of attorney’s fees was within the chancellor’s discretion.
(9-1: Emfinger dissented)

Hand v. State, 2022-KA-00819-COA (Criminal – Felony)
Affirming conviction of kidnapping and child exploitation, holding that the verdicts were not against the overwhelming weight of the evidence.
(10-0)

Pettis v. Northeast Mississippi Electric Power Association, 2022-CA-00688-COA (Civil – Torts)
Affirming dismissal of a negligence claim under the doctrine of res judicata and the IIED and loss of consortium claims on statute of limitations grounds, holding that the discovery rule did not apply and that any fraudulent concealment arguments were waived for failure to raise them in the trial court.
(7-1-0: Westbrooks and McDonald concurred in result only without written opinion, Barnes did not participate)

Other Orders

Brown v. State, 2022-KA-00446-COA (denying rehearing)

Russell v. State, 2022-KA-00447-COA (denying rehearing)

Snyder v. Estate of Cockrell, 2022-CA-00597 (denying rehearing)

Galvan v. State, 2022-KA-00655-COA (denying rehearing)

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Mississippi Supreme Court Decisions of January 11, 2024

The Mississippi Supreme Court handed down four opinions and entered an impressive sixteen “other orders” today. The opinions are a direct criminal appeal, an ecclesiastical abstention case, a precedent-overruling PCR case, and a contract case deciding whether a post-mediation agreement was enforceable. Among the sixteen other orders is an order amending Rule 54 of the Mississippi Rules of Civil Procedure that civil practitioners should note.

Hawkins v. State, 2022-KA-01250-SCT (Criminal – Felony)
Affirming conviction of sexual battery, holding that there was sufficient evidence for a reasonable jury to find based on the totality of the circumstances that the defendant was in a position of trust or authority over the victim.
(9-0)

Melton v. Union Hill Missionary Baptist Church, 2022-CA-00737-SCT (Civil – Other)
Reversing and vacating the chancery court’s judgment in a dispute over whether a church had been removed its pastor, holding that the doctrine of ecclesiastical abstention put this question outside of the chancery court’s jurisdiction and that the well-meaning chancellor violated the Mississippi Constitution and the Establishment Clause when he personally moderated a congregational meeting to hold a second vote on the pastor and declared the church’s sanctuary a courtroom.
(9-0)

NOTE – The Court also had this to say about the congregational meeting:

Ronk v. State, 2021-DR-00269-SCT (Civil – PCR)
Affirming denial of motion for relief from judgment or for leave to file successive petition for PCR that included an ineffective assistance claim, overruling Grayson v. State to the extent it excepted ineffective-assistance-of-post-conviction-counsel claims from the UPCCRA’s bars in death-penalty cases, based on the recent Howell decision.
(6-3: Kitchens dissented, joined by King and Ishee)

Logan v. RedMed, LLC, 2022-CA-00669-SCT (Civil – Contract)
Reversing the trial court’s judgment enforcing a settlement following a mediation, holding that the proposed settlement agreement that resulted from the mediation lacked material terms required by Mississippi contract law.
(6-3: Chamberlin dissented, joined by Maxwell and Beam)

Other Orders

In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending Rule 54, effective January 18, 2024)

NOTE – Here is the amended text of Rule 54(d):

And here is the amended Advisory Committee Historical Note:

In Re: The Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing or reappointing Hon. Eleanor Faye Peterson, Clarence Webster III, Jackye C. Bertucci, Hon. Mark A. Maples, Hon. Celeste E. Wilson, and Charles Elliott Winfield as complaint tribunal members for three-year terms from January 1, 2024, through December 31, 2026)

Flynt v. State, 2016-M-00862 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)

Williams v. State, 2016-M-01063 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)

Cavitt v. State, 2018-M-00197 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)

Ronk v. State, 2021-DR-00269-SCT (denying motion for relief from judgment or leave to file successive PCR petition)

Howard Industries, Inc. v. Hayes, 2021-CT-00694, consolidated with 2021-CT-00695 (granting appellee’s motion for attorney’s fees for additional services provided and denying rehearing)

Christian v. State, 2021-M-00807 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)

Priceline.com, LLC v. Fitch, 2021-CA-00868-SCT (denying rehearing)

Johnson v. Johnson, 2021-CT-01080-SCT (denying cert)

Ehrhardt v. State, 2021-CT-01143-SCT (denying cert)

Pearson v. Eubanks, 2022-CT-00011-SCT (granting cert)

Brown v. State, 2022-CT-00069-SCT (denying cert)

Roosa v. Roosa, 2022-CT-00128-SCT (denying cert)

Tarvin v. State, 2022-M-00260 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)

The Mississippi Bar v. Russell, 2023-BD-00843-SCT (granting petition to transfer lawyer to disability inactive status)

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Mississippi Supreme Court Decisions of October 5, 2023

The Mississippi Supreme Court handed down two opinions today, but do not be deceived by that stat. One of the opinions is a 100+ page decision in a death-penalty PCR case. The other is an appeal of denial a motion to compel arbitration. There is also a linked attorney-discipline case.

Galloway v. State, 2013-DR-01796-SCT (Criminal – Death Penalty – Post Conviction)
Denying motion for leave to proceed in the trial court with PCR petition, holding that (1) the petitioner failed to overcome the presumption that what trial counsel did and did not present as mitigating evidence such as the petitioner’s “true-life story” and mental health issues during the penalty phase might be considered sound trial strategy instead of ineffective assistance; (2) there was no merit to the petitioner’s claim of ineffective assistance during jury selection where counsel used no Batson challenges and an all-white jury was seated or that counsel was otherwise ineffective in voir dire; (3) there was no merit to the petitioner’s claim of ineffective assistance during guilt-innocence phase for not investigating or challenging lack of investigating/challenging the medical examiner’s testimony, in limiting the review of Defense expert’s forensic expert or failing to consult with/prepare him, in failing to assert a Miss. R. Evid. 702 pretrial challenge to the medical examiner’s testimony, or failing to object to the medical examiner’s testimony as outside the scope of the disclosed testimony; (4) there was no merit to the claim that the State corrupted the truth-seeking function of the trial by suppressing material impeachment evidence or presenting false and misleading evidence; (5) the death verdict was not unconstitutionally coerced from a holdout juror; (6) a juror’s exposure to medical coverage showing the victim violated constitutional rights; (7) a juror’s false statement during voir dire that he had not previously served on a criminal jury did not give rise to an inference of prejudice; (8) the petitioner did not show that he was prejudiced when he was placed the defendant in an electronic restraint; (9) death by lethal injection would not violate the petitioner’s rights under the Eighth Amendment or Fourteenth Amendment; and (10) there was no aggregation of errors mandating a reversal.
(9-0)

PriorityOne Bank v. Folkes, 2022-CA-00429-SCT (Civil – Contract)
Affirming denial of motion to compel arbitration, holding that the bank waived the right to arbitration by substantially participating in the litigation and did not file a motion to compel arbitration until after an amended complaint was filed.
(7-2: Griffis dissented, joined by Beam)

PRACTICE POINT – The Supreme Court’s decision appears to hinge on the fact that the amended complained did not add a new cause of action (which was in dispute). This was enough to affirm the denial of the motion to compel arbitration, but the Supreme Court made it clear the plaintiff was bound by her representation that no new claim was asserted:

Other Orders

Jarvis v. State, 2021-M-01196 (denying application for leave to proceed in the trial court, finding the filing frivolous, and warning that future frivolous filings could result in sanctions)

The Mississippi Bar v. Hessler, 2023-BD-00057-SCT (suspending an attorney from the practice of law for one year and one day, with the suspension deferred retroactively to June 22, 2022)

Wakefield v. State, 2021-CT-00187-SCT (denying cert)

Buchanan v. Hope Federal Credit Union, 2021-CT-00218-SCT (denying cert)

In Re: Resignation of Emily Bonds Davey f/k/a Emily Sides Bonds From The Practice of Law in Mississippi, 2023-BD-00963 (granting leave under Rule 11(b) of the Rules of Discipline for the Mississippi State Bar to resign in good standing from the practice of law in Mississippi)

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Mississippi Supreme Court Decisions of April 13, 2023

I was out of town Thursday and Friday doing fun things with my family and summarizing hand downs didn’t fit the agenda. Without further delay, here are summaries of the four decisions the Mississippi Supreme Court handed down while I was out. There is a wrongful death/premises liability decision, a direct appeal of a murder conviction, and two real property contract decisions.

Deepak Jasco, LLC v. Palmer, 2021-IA-00702-SCT (Civil – Wrongful Death)
Reversing the denial of summary judgment in a premises liability case, holding that the plaintiff did not prove that the owner and operator of a convenience store adjacent to a lot where the plaintiff’s decedent was found stabbed and killed had actual or constructive knowledge that an atmosphere of violence existed on the premises.
(5-4-0: Maxwell concurred in part and in the result, joined by Randolph and Beam)

NOTE – Here is the crux of the Court’s analysis:

Anderson v. State, 2022-KA-00007-SCT (Criminal – Felony)
Affirming conviction of murder, holding that the trial court did not err by refusing an excusable homicide instruction based on heat of passion or by admitting evidence of the defendant’s prior bad act of using methamphetamine just before the shooting and for several days before where the defendant himself testified that he was high on meth when he shot his grandmother and it was relevant to his state of mind and motive.
(9-0)

Sel Business Services, LLC v. Lord, 2021-CT-00368-SCT (Civil – Real Property)
Affirming in part and reversing in part the chancellor’s grant of summary judgment in favor of a property owner who made an oral agreement to sell to one buyer but then sold to someone else, holding that while the statute of frauds barred the claim for specific performance the would-be buyer still had other equitable remedies available.
(9-0)

NOTE – The decisions specifically overruled Barriffe v. Estate of Nelson, 153 So. 3d 613 (Miss. 2014):

Luxe Homes, LLC v. Brewer, 2022-IA-00132-SCT (Civil – Contract)
Reversing the chancellor’s denial of a motion to transfer venue, holding that the terms of a venue provision in the contract between the parties were unambiguous, mandatory, and enforceable and that the transferred to the circuit court of the venue county even though the suit sought specific performance of a real estate contract.
(7-2-0: Kitchens and King concurred in result only without separate written opinion)

Other Orders

$153,340 v. State, 2020-CT-01409-SCT (cert denied)

Wilson v. City of Greenville, 2021-CT-00316-SCT (cert denied)

Johnson v. State, 2021-CT-00571-SCT (cert denied)

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Mississippi Supreme Court Decisions of April 6, 2023

I am circling back to pick up the rest of the hand downs that I missed last week. The Mississippi Supreme Court handed down six opinions last Thursday with a couple of reversals. There were two skirmishes in med mal cases, one involved an arbitration agreement and the other the substitution of the administrator of an estate. There is a UM case about the right to UM benefits after cutting off the carrier’s subrogation rights. There is also a sixteenth section land case and what should have been an MTCA case. The Supreme Court also denied a petition for reinstatement to the practice of law.

Mississippi Farm Bureau Cas. Ins. Co. v. Peteet, 2021-IA-01420-SCT (Civil – Insurance)
Reversing the denial of a motion to dismiss by a UM carrier, holding that the insured’s execution of a settlement agreement with the at-fault driver unlawfully cut off the UM carrier’s right of subrogation and the UM carrier therefore had no duty to pay the UM claim.
(9-0)

Sill v. State, 2021-KA-00317-SCT (Criminal – Felony)
Affirming conviction of possession of meth, holding that the trial court did not err in denying the defendant’s motion to suppress evidence found in his car because the defendant did not prove that he had a legitimate expectation of privacy in a stolen vehicle, that the State met its burden to prove construction possession, and that the jury could reasonable infer that the untested substance was of the same substance as what was tested.
(9-0)

Belhaven Senior Care, LLC v. Smith, 2022-CA-00050-SCT (Civil – Contract)
Affirming denial of a motion to compel arbitration, holding that the facility failed to prove that the signatory of the arbitration agreement was the resident’s healthcare surrogate, that the plaintiff was not barred by direct-benefit estoppel from contesting the validity of the arbitration agreement, and that the decdent was not a third-party beneficiary of the agreement.
(9-0)

North Bolivar Consolidated Sch. Dist. v. Jones, 2021-IA-01235-SCT (Civil – Real Property)
Reversing the denial of the school district’s motion for summary judgment, holding that the school district’s past acceptance of late rent payments for sixteenth section land were not authorized and could not form the basis of estoppel that would prevent the school district from assessing statutory late-payment penalties.
(9-0)

Morton v. City of Clarksdale, 2022-CA-00216-SCT (Civil – Torts)
Affirming the dismissal of claims that an arrest violated constitutional rights, holding that most of the plaintiff’s claims fell under the MTCA and were barred by the MTCA’s one-year statute of limitations, that the constitutional claims were barred by the three-year statute of limitations, and that the malicious prosecution claim was barred by the one-year statute of limitations for such claims.
(9-0)

Otuseso v. Estate of Mason, 2021-IA-01099-SCT (Civil – Wills, Trusts and Estates)
Affirming the chancellor’s decision removing the administratrix of an estate who had filed a wrongful death suit against a doctor on behalf of the estate and substituting two heirs-at-law as coadminstrators, holding that the doctor’s motion to intervene in the chancery court proceedings was moot since the chancellor had properly removed the unqualified administrator and appointed successor administrators.
(9-0)

Other Orders

Stewart v. The Mississippi Bar, 2022-BR-00382-SCT (denying fourth petition for reinstatement to the practice of law)

Virden v. Campbell Delong, LLC, 2021-CT-00478-SCT (granting cert)
I put this on the “cert watch” list when the COA opinion was handed down. It is a lawyer fight over money with a 5-5 COA decision that left the trial court’s ruling in place. (My summary of the COA decision is here.)

Hand Down List