The Mississippi Court of Appeals handed down two decisions yesterday. One case is a putative derivative action against a property owners association board and the other is a worker’s comp case involving compensability and loss of wage-earning capacity.
Feola v. Marthouse, 2021-CA-01078-COA (Civil – Other)
Affirming in part and reversing in part the chancellor’s dismissal of a putative derivative action against the board of directors of a property owners association, agreeing with the chancellor that the amended complaint was not properly verified and properly dismissed but reversing the award of attorney’s fees because the suit was not frivolous.
(10-0)
Parker v. Mississippi Dept. of Health, 2022-WC-00552-COA (Civil – Workers’ Comp)
Affirming the MWCC, holding that there was substantial evidence supporting the Commission’s ruling that that the claimant did not sustain an compensable right-shoulder injury and that the claimant overcame the presumption of no loss of wage-earning capacity but only proved a 15% loss.
(8-2: Westbrooks dissented, joined by McDonald.)
Other Orders
Lowe v. State, 2019-KA-01621-COA (denying pro se “motion for leave to proceed with extension to file rehearing out of time as a result of excusable neglect of counsel”)
Watts v. Watts, 2021-CA-00321-COA (denying rehearing)
Burchett v. State, 2021-KA-00776-COA (denying rehearing)
MS Concrete v. Harris, 2022-WC-01095-COA (granting motion to dismiss appeal as interlocutory)
Mississippi Appeals Blog 