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-SCTconsolidated 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)
The Mississippi Court of Appeals handed down five opinions today. Two are direct criminal appeals, one is a divorce case addressing child support and division of property, one is an easement case, and the other is a med mal case dismissed for lack of prosecution. Though he did not participate any of today’s decisions, newly minted Judge John D. Weddle made his debut on the hand downs today.
Chapman v. Chapman, 2023-CA-00615-COA (Civil – Domestic Relations) Reversing findings of the chancellor in a divorce action, holding that the chancellor erred in his calculation of the father’s adjusted gross income and remanding for child support recalculation and holding that the chancellor erred concerning whether a boat was marital or non-marital property. (5-4-0: Wilson and McCarty concurred in part and in the result without separate written opinion; Carlton and Westbrooks concurred in result only; Weddle did not participate)
Word v. U.S. Bank, 2023-CA-00160-COA (Civil – Real Property) Reversing the chancellor’s judgment in an easement case, holding that the chancellor erred in awarding an easement by necessity because the plaintiff was not entitled to an easement by necessity and presented no evidence regarding the costs of using an available alternative access route. (8-1-0: Wilson concurred in part and in the result without writing; Weddle did not participate)
Randall v. State, 2023-KA-00587-COA (Criminal – Felony) Affirming conviction of aggravated assault and first-degree murder, holding that the trial court did not err in excluding evidence of one victim’s postmortem toxicology report showing the presence of recreational drugs in his system or in applying the firearm enhancement. (8-1-0: Westbrooks concurred in result only without writing; Weddle did not participate)
Eason v. South Central Regional Medical Center, 2023-CA-00261-COA (Civil – Medical Malpractice) Affirming dismissal of a complaint for failure to prosecute a med mal case against a nursing home, holding that the circuit court did not abuse its discretion in dismissing the case pursuant to Rule 41(b) after two years of delay. (5-1-3: Westbrooks concurred in part and in the result without writing; McDonald dissented without writing; Lawrence dissented, joined by McDonald and McCarty; Westbrooks joined in part; Weddle did not particiapte)
N0te – The dissent’s position was that the COVID-10 pandemic was a mitigating factor and that the trial court’s failure to consider it was an abuse of discretion. It concludes:
Cauthen v. State, 2023-KA-00589-COA (Criminal – Felony) Affirming conviction of non-residential burglary, holding that the trial court did not err in refusing to instruct the jury on the lesser-included offense of trespass. (8-0: Emfinger and Weddle did not participate)
Other Orders
Archer v. Harlow’s Casino Resort & Spa, 2022-CP-01060-COA (denying rehearing)
Doss v. State, 2022-KA-01185 (denying rehearing)
Black v. State, 2022-KA-01223-COA (denying rehearing)
Jiles v. State, 2023-CP-00383-COA (denying rehearing)
The Mississippi Court of Appeals handed down eight opinions today. There are four direct criminal appeals, a workers’ comp case, a civil asset forfeiture case, a real property case regarding a short-term rental, and an attorney fee claim against an estate.
Body v. State, 2023-KA-00495-COA (Criminal – Felony) Affirming conviction of statutory rape, holding that the trial court did not abuse its discretion refusing the defendant’s alibi instructions where the “alibi defense was nothing more than attempt to cloak his simple denial of the crime charged.” (8-1-0: Wilson concurred in part and in the result without writing)
Lepard v. State, 2022-KA-01159-COA (Criminal – Felony) Affirming conviction of fondling, holding that the trial court did not abuse its discretion in instructing the jury on the elements of the offense and that the indictment was not defective and included all the essential elements. (9-0)
In the Matter of the Estate of Stimley: Morton Law Firm, PLLC v. Merchant, 2023-CA-00940-COA (Civil – Contract) Reversing the chancery court’s award of attorney’s fees and expenses payable by the estate, holding that the record did not show a consideration of the McKee factors and remanding for further proceedings. (8-1-0: Carlton did not participate)
Chung v. State, 2023-CA-00362-COA (Civil – Other) Reversing the circuit court’s decision in a civil asset forfeiture after a bench trial, holding that the owner gave plausible explanations for having the cash and that the State presented insufficient evidence to demonstrate a connection between the owner and drug activity. (5-4: Wilson dissented, joined by Carlton, Lawrence, and Emfinger)
Norton v. State, 2023-KA-00475-COA (Criminal – Felony) Affirming conviction of possession of meth and possession of a firearm by a felon, declining to address the lone issue of ineffective assistance of counsel on direct appeal and leaving it to be pursued through a PCR motion. (8-1-0: Emfinger concurred in result only without writing)
Arnold v. State, 2023-KA-00519-COA (Criminal – Felony) Affirming conviction of three counts of sexual battery, holding that the trial court did not allow improper character evidence from two witnesses that testified the defendant made advances or abused them as children because that testimony showed proof of motive and established a common plan or scheme and holding that there was no merit to the defendant’s claim of prosecutorial misconduct. (8-0: Smith did not participate)
City of Biloxi v. McDonald, 2023-CA-00777-COA (Civil – Real Property) Affirming the circuit court’s judgment which reversed the City Council’s decision denying property owners’ application seeking a conditional-use permit for a short-term rental, holding that the Council’s decision was “the epitome of arbitrary and capricious” where the adjacent property on the same parcel of land had been approved and the owners had spent $70,000 on improvements to address neighbors’ expressed concerns. (6-2: Carlton dissented, joined by Wilson and Lawrence)
Doukas v. Kiln Self Storage, 2023-WC-01195-COA (Civil – Workers’ Comp) Affirming a finding that the claimant was not entitled to indemnity benefits for her left left leg and that the injury to her right leg did not render her permanent and totally disabled, holding that the Commission’s decision was supported by substantial evidence. (5-4: Lawrence dissented, joined by Westbrooks, McDonald, and Smith; McDonald also noted a separate dissent without writing)
Other Orders
White v. The Home Depot, 2022-WC-00894-COA (denying rehearing)
Frazier v. State, 20222-CT-00896 (denying pro se motion to recall mandate)
Brown v. State, 2023-CP-00171-COA (denying untimely pro se motion for additional time to file motion for rehearing and request for appointed counsel)
Haley v. Brewer, 2023-SA-00571-COA (denying rehearing)
Fortner v. Bratcher, 2023-CP-00663-COA (granting appelle’s motion for appellate attorney’s fees)
Thornhill v. Thornhill, 2023-CA-00714-COA (denying appellee’s motion to dismiss the appeal and granting appellee’s request for additional time to file a responsive brief)
Quilantan v. State, 2024-CP-00357-COA (granting pro se motion to reinstate appeal)
Johnson v. State, 2024-TS-00650-COA (remanding appellant’s motion for leave to proceed in forma pauperis)
Riley v. State, 2024-TS-00833-COA (dismissing appeal for lack of appealable judgment)
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)
The Mississippi Supreme Court handed down three opinions today. There is a breach of contract case, a direct criminal appeal, and a utility rate case.
ACE American Insurance Company v. Hetsco, Inc., 2023-CA-00127-SCT (Civil – Contract) Reversing summary judgment in a negligence action stemming from an explosion at a plant where the defendant argued that the suit was barred by a contract, holding that there was a genuine issue of material fact as to whether the person who signed the agreement had apparent authority to bind the former plant owner to the agreement and whether the former plant owner had ratified the agreement, and that the contractually shortened statute of limitations provisions was not enforceable. (9-0)
Howard v. State, 2022-KA-00430-SCT (Criminal – Felony) Affirming convictions of possession of cocaine with intent to sell and conspiracy to possess cocaine with intent to sell, holding that evidence was sufficient to support both convictions, that there was no Confrontation Clause violation when the trial court limited cross-examination, that acquittal on prior charges did not create a double jeopardy violation, that it was not plain error to allow testimony that a co-conspirator pleaded guilty, that there was no prosecutorial misconduct, that trial counsel was not ineffective for not seeking to remove a sleeping juror, that the verdict was not against the overwhelming weight of the evidence, and that no error mean that the cumulative-error doctrine did not apply. (9-0)
Rankin County, Mississippi v. Mississippi Public Service Commission, 2022-UR-00803-SCT (Civil – Utility Rate) Affirming the Commission’s order authorizing a rate increase for Entergy, holding that the County did not show that the Commission’s formula rate plan regulatory scheme resulted in unfair or unjust rates and that the Commission’s order was supported by substantial evidence and was not arbitrary or capricious. (9-0)
Other Orders
White v. White, 2022-CT-00823-SCT (denying cert)
Tepikian v. The Mississippi Bar, 2024-BD-00588-SCT (granting leave to resign in good standing)
The Mississippi Court of Appeals handed down four opinions today. Three are PCR cases and the other is a direct criminal appeal.
Walker v. State, 2023-CP-00787-COA (Civil – PCR) Affirming dismissal of a PCR motion, holding that the trial court properly dismissed the motion for failure to first seek relief through MDOC’s ARP regarding the calculation of a sentence. (9-0)
Farris v. State, 2023-CP-00845-COA (Civil – PCR) Affirming denial of PCR motion, holding that the trial court did not err in finding that the trial court did not err with regarding to sentence enhancements and that there was no prejudice in the trial court no recusing sua sponte such that there was a reversible abuse of discretion. (9-0)
Ward v. State, 2023-CA-00378-COA (Civil – PCR) Affirming denial of PCR motion, holding that the trial court did not err in finding that the motion was time barred by the UPCCRA. (7-1-0: Westbrooks concurred in result only without writing; Emfinger did not participate.)
Simmons v. State, 2023-KA-00518-COA (Criminal – Felony) Affirming conviction of second-degree murder, holding that the trial court did not err in the self-defense instructions given and that there was sufficient evidence to sustain the conviction. (9-0)
Other Orders
Course v. State, 2022-KA-00760-COA (denying rehearing)
Holt v. State, 2023-KM-00121-COA (denying motion to correct the court’s prior opinion)
Hamer v. State, 2023-CP-00701-COA (denying rehearing)
I had a hearing in Copiah County Circuit Court yesterday and that was my first time in the courthouse in Hazlehurst. It is a beautiful, three-story building with a central rotunda and a dome that is visible from the ground floor. I did not get a good picture of the courtroom, but it is circular with gallery seating wrapped-around on the ground floor and on a second-floor balcony. A great, small-town Mississippi courthouse!
The Mississippi Supreme Court handed down one opinion today. At least we can all get more work done this afternoon.
Wells v. State, 2023-KA-00670-SCT (Criminal – Felony) Affirming convictions of shooting into an occupied dwelling and possession of a firearm by a felon and sentence as a nonviolent habitual offender, holding that the defendant’s stipulation that he was a convicted felon satisfied the State’s burden of proof of that element. (9-0)
Other Orders
Allen v. State, 2022-CT-00419-SCT (granting cert)
Jordan v. State, 2022-CT-00874-SCT (denying cert)
Manning v. State, 2023-DR-01076-SCT (denying leave to proceed in the circuit court with claim of newly discovered evidence)
Kasai North American, Inc. v. Riverside Abstract, LLC, 2024-IA-00363-SCT (granting interloc)
Ten D Enterprises, Inc. v. Lagan, 2024-M-00653-SCT (denying interloc)
NCAA v. Rebel Rags, LLC, 2024-M-00752-SCT (denying interloc and request for stay)
The Mississippi Court of Appeals handed down nine opinions on this Constitution Day. There is something for just about everyone but PCR enthusiasts. Today’s opinions include personal injury cases, divorce cases, a real property case, an arbitration-award confirmation case, a youth court case, and a direct criminal appeal.
Franks v. Franks, 2023-CA-00088-COA (Civil – Domestic Relations) Affirming final judgment of divorce, holding that the chancellor did not err in diving the martial home and ordering the husband to sell his portion to the wife where the husband agreed to do so, did not penalize the husband for embezzlement that occurred at his business but did not abuse her discretion in finding the husband’s adulterous relationship with the embezzler relevant in the Ferguson analysis, did not abuse her discretion in weighing the valuations of the marital property, did not abuse her discretion in awarding the wife attorney’s fees, did not abuse her discretion in not crediting the husband for payments made toward the marital home after the date of demarcation when he received the benefit of living in the home, and did not err in determining the amount of child support. (8-0: Carlton did not participate)
Zemek v. Gunn, 2023-CA-00833-COA (Civil – Other) Affirming the circuit court’s order denying a continuance and confirming an arbitration award, holding that the defendant waived the issue of timeliness and that, in any event, the confirmation petition was timely and that the circuit court did not abuse its discretion in denying a continuance. (9-0)
Fox v. Allen Automotive, Inc., 2023-CA-00441-COA (Civil – Personal Injury) Reversing summary judgment in favor of a car dealership in a premises liability action, holding that the trial court erred in finding that the plaintiff exceeded the scope of his invitation and became a trespasser where the plaintiff was injured while walking his dog and that because the plaintiff was an invitee there was a genuine issue of material facts as to whether the dealership had constructive knowledge of the dangerous condition. (9-0)
NOTE – The plaintiff was walking a Heeler when he fell. If anyone ever claims that you can’t hear a footnote, you can refute them with this:
Anderson v. Grabmiller, 2023-CA-00593-COA (Civil – Domestic Relations) Affirming the chancellor’s decision awarding alimony to the husband, holding that the chancellor did properly consider rehabilitative alimony and that the chancellor did not err in his Armstrong analysis. (9-0)
Brown v. State, 2023-KA-00648-COA (Criminal – Felony) Affirming conviction of second-degree murder but vacating the firearm enhancement portion, holding that the firearm enhancement should be vacated because the minimum sentence for that enhancement was less than the minimum sentence for the second-degree murder conviction, but that the State’s commends during closing did not rise to the level of plain error, that the ineffective-assistance-of-counsel claim should be denied without prejudice, that the trial court did not abuse its discretion admitting evidence of a shell casing recovered from the murder scene, that the verdict was supported by sufficient evidence and was not against the overwhelming weight of the evidence, and that there was no cumulative error warranting reversal. (8-1-0: Westbrooks concurred in part and in the result without writing)
Jones v. Curtis, 2023-CA-00987-COA (Civil – Domestic Relations) Affirming decision modifying child-custody agreement, holding that the chancery court had subject matter jurisdiction and did not err in considering facts and events occurring before the initial custody determination. (7-2-0: McDonald and McCarty concurred in part and in the result without writing)
Cook v. Vowell, 2023-CA-00724-COA (Civil – Real Property) Affirming chancery court’s grant of specific performance of an option to purchase an interest in real property, holding that the chancellor did not err in finding that there was consideration for the contract where there was no separate consideration spelled-out for the option or in finding that there was a valid offer and acceptance. (9-0)
In the Matter of L.C.: Doe v. Bolivar County Youth Court, 2022-CA-00614-COA (Civil – Other) Reversing the youth court’s finding that the mother had not satisfactorily completed a service plan working towards reunification, holding that there was no substantial evidence to support the youth court’s finding that MDCPS had made requisite “reasonable efforts” towards reunification. (7-2: Westbrooks dissented, joined by McDonald; McDonald also separately noted a dissent but did not write)
Georgen v. Estate of Brown-Barrett, 2023-CA-00344-COA (Civil – Personal injury) Reversing the trial court’s grant of summary judgment in a premises-liability case, holding that the trial court erred in finding that a baby gate leaned against a doorway in a residence did not constitute a dangerous condition. (5-3: Carlton dissented, joined by Barnes, and Wilson; Westbrooks did not participate)
Other Orders
Whiddon v. State, 2022-KA-00616-COA (denying rehearing)
Crawford v. East Mississippi State Hospital, 2022-CA-00753-COA (denying rehearing)
Jackson v. State, 2022-KA-01143-COA (denying rehearing)
I have fallen behind on my summaries. Fortunately for me, this has not been a particularly prolific stretch for the Mississippi Supreme Court. Summaries from the last four weeks are below.
August 22, 2024
No Opinions
August 29, 2024
Chatman v. State, 2023-KA-00583-SCT (Criminal – Felony) Reversing conviction of two counts of sexual battery, holding that there was uncertainty as to the unanimity of the jury’s verdict as to the sexual-battery counts but that there was no such uncertainty as to the lesser-included offense of gratification of lust for each count, and remanded for new trial on sexual-battery charges or resentencing on the lesser-included counts. (8-0: Randolph did not participate)
McClain v. State, 2023-KA-01189-SCT (Criminal – Felony) Affirming conviction of possession of a firearm by a convicted felony, holding that there were no issues warranting reversal based on review of counsel’s Lindsey brief and the record. (9-0)
September 5, 2024
Johnson v. State, 2023-CA-00117-SCT (Criminal – PCR) Affirming the trial court’s decision that the defendant should remain parole ineligible after Miller hearing, holding the defendant was not entitled to jury sentencing under section 97-3-21(2) because he was convicted before July 1, 2024, and that the application of the parole-ineligibility statute to the defendant’s life sentence was not unconstitutional. (6-3-0: Coleman concurred in part and in the result, joined by Kitchens and King)
September 12, 2024
Archie v. Smith, 2023-EC-01149-SCT (Civil – Election Contest) Vacating judgment on petition for judicial review of an election contest, holding that the circuit court did not consider sufficient evidence to determine whether the circuit clerk’s office was open or closed on the due date which, in turn, determined whether the petition was timely. (8-0: Kitchens did not participate)
Fluker v. State, 2022-CT-00692-SCT (Criminal – Felony) Reversing conviction of conspiracy to commit aggravated assault, holding that the trial court erred in denying the defendant’s request to instruct the jury on the lesser-included offense of conspiracy to commit simple assault. (8-0: Randolph did not participate)
Other Orders
August 22, 2024
Patrick v. Patrick, 2021-CT-00891-SCT (denying cert)
MDHS v. Johnson, 2022-CT-00605-SCT (granting cert)
Thoden v. Hallford, 2022-CA-00835-SCT (denying rehearing)
Smith v. State, 2022-CT_00852-SCT (denying cert)
Boyett v. State, 2022-CT-01239-SCT (denying cert)
McNinch v. Brandon Nursing & Rehabilitation Center, L.L.C., 2023-CA-00050-SCT (denying rehearing)
Gleason v. State, 2023-CT-00357-SCT (denying cert)
Pryer v. State, 2023-M-01230-SCT (denying motion to reconsider)
August 29, 2024
Ronk v. State, 2021-DR-00269-SCT (denying motion to stay mandate pending cert)
Arnold v. State, 2021-CT-01426 (denying cert)
Rutland v. Regions Bank, 2022-CT-00720 (denying cert)
Malone v. State, 2022-CT-00958-SCT (denying cert)
Minor v. State, 2022-CT-00990-SCT (granting cert)
The Mississippi Bar v. Rogers, 2024-BD-00215-SCT (granting the Bar’s motion for reimbursement of costs and expenses)
September 5, 2024
Wilson v. State, 2017-M-00230 (denying pro se application for leave to proceed in the trial court, finding the filing frivolous, and warning that future frivolous filings may result in sanctions)
Cage v. State, 2017-M-01498 (denying pro se application for leave to proceed in the trial court, finding the filing frivolous, and warning that future frivolous filings may result in sanctions)
Clarksdale Public Utilities Commission v. Mississippi Department of Employment Security, 2022-CT-01085-SCT (denying cert petition as untimely)
September 12, 2024
Marshall v. State, 2022-CT-00541-SCT (denying cert)
M.H. v. L.R., 2022-CA-00922-SCT (denying motion to substitute, motion to expedite consideration, and motion to dismiss the appeal as moot, and vacating judgment terminating parental rights)
The Mississippi Court of Appeals handed down six opinions last week and three opinions this week. Since I was out of the office last Tuesday I included last week’s cases in this post. Between the two dates there there are a couple of service-of-process cases, a few personal injury cases, a couple of domestic relations cases, direct criminal appeals, and a two PCR cases. Appellants prevailed in all three of today’s cases.
September 3, 2024
Havard v. Hart, 2023-CA-00260-COA (Civil – Personal Injury) Affirming dismissal for insufficient service of process, holding that there was substantial evidence supporting the trial court’s finding that the defendant had not been properly served and that the plaintiff did not have good cause for failing to timely serve process. (8-1-0: McDonald concurred in result only without writing)
Old Hattiesburg High, L.P. v. Harris Construction Services, LLC, 2023-CA-00579-COA (Civil – Other) Dismissing appeal of order denying a motion to reinstate an order obtaining expunging a contractor’s lien, holding that the initial order expunging the lien was not a final appealable order and that subsequent orders on motions revising the interim order were not final either. (8-1-0: Wilson concurred in part and in the result without writing)
Hyland v. State, 2023-CA-00256-COA (Civil – PCR) Affirming the trial court’s dismissal of PCR motion challenging his convictions and seeking an out-of-time appeal, holding that motion was time-barred and successive. (9-0)
Fortner v. Bratcher, 2023-CP-00664-COA (Civil – Domestic Relations) Affirming the chancellor’s findings related to motions for contempt and custody modification, holding that the chancellor did not abuse his discretion finding the father in contempt, carrying forward the parties’ agreed visitation schedule, or enjoining the parties from contacting CPS with allegations of neglect or abuse without first contacting local law enforcement. (9-0)
Miller v. State, 2023-CP-00812-COA (Civil – PCR) Affirming the trial court’s dismissal of a PCR motion, holding that it was barred by the UPCCRA’s statute of limitations. (9-0)
Wilkerson v. Allred, 2023-CA-00393-COA (Civil – Personal Injury) Reversing the trial court’s grant of summary judgment dismissing claims for emotional distress damage after the defendant shot and killed the plaintiff’s puppy in the head as it sat next to the plaintiff’s twelve-year-old sister, holding that there was a jury question on the issue of whether the plaintiff’s emotional distress injuries were reasonably foreseeable to the defendant. (4-3-2: Wilson and McDonald concurred in part and in the result without writing; Westbrooks concurred in the result only without writing; Carlson dissented, joined by Emfinger and joined in part by McDonald.)
September 10, 2024
Bell v. State, 2023-CA-00951-COA (Criminal – Felony) Vacating and remanding revocation of a suspended sentence, holding that the trial judge was automatically disqualified because she had previously served as the ADA for the underlying conviction. (7-2: Barnes dissented, joined by Wilson)
Wells v. Wells, 2023-CA-00674-COA (Civil – Domestic Relations) Reversing the chancery court’s judgment granting the wife’s petition for divorce and divesting the husband of his interest in real property, holding that there was no evidence that the husband was properly served. (4-1-4: Emfinger concurred in part and in the result without writing; Wilson dissented, joined by Barnes, Lawrence and Smith.)
Deere v. Taylor, 2023-CA-00063-COA (Civil – Personal Injury) Reversing the trial court’s dismissal of a personal injury lawsuit, holding that the prohibition against claim-splitting was not triggered where the plaintiff filed one lawsuit but was unable to serve the defendants and months later filed a second lawsuit asserting the same causes of action against the same parties while the first lawsuit sat stale.
Other Orders
Daly v. Raines, 2022-CT-00600-SCT (denying appellant’s to voluntarily dismiss this appeal)
McKenzie v. McKenzie, 2022-CA-01175-COA (denying rehearing)
Estate of Staten: Staten v. Pedersen, 2023-CA-00228-COA (denying untimely motion tor additional time to file a motion for rehearing)
Stewart v. State, 2024-TS-00606-COA (dismissing appeal as untimely)
Mississippi Appeals Blog 