Tag: Implied Trusts

Mississippi Court of Appeals Decisions of January 16, 2024

The Mississippi Court of Appeals handed down eight opinions on Tuesday. The Court covered a lot of subject matter including trusts, unemployment benefits, workers’ comp, and several direct appeals of criminal convictions.

Rutland v. Regions Bank, 2022-CA-00720-COA (Civil – Wills, Trusts & Estates)
Affirming the circuit court’s grant of summary judgment in favor of a trustee who filed a dec action seeking a judgment that the trust did not have to pay funeral expenses, holding that the circuit court did not err in finding that the trust was irrevocable, was not terminated by a subsequent divorce, and that the contents of the trust should be disbursed to the children.
(10-0)

Black v. State, 2022-KA-01101-COA (Criminal – Felony)
Affirming conviction of capital murder based on robbery, holding that the circuit court did not err in rejecting the defendant’s manslaughter instruction, in sustaining the State’s objection to defense counsel calling a detective a “liar” during closing, or in not issuing a cautionary instruction regarding the written transcript of the defendant’s interview with law enforcement.
(8-1-1: McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part without writing)

Coe Law Firm PLLC v. MDES, 2022-CC-01285-COA (Civil – State Boards & Agencies)
Affirming the circuit court’s order dismissing the employer’s appeal of the MDES Board of Review’s order upholding the ALJ’s grant of unemployment benefits, holding that the employer failed to show good cause for not appearing at the ALJ de novo hearing and that issues of misconduct by the employee were therefore moot.
(10-0)

Jones v. State, 2022-KA-01199-COA (Criminal – Felony)
Affirming conviction of attempted aggravated assault with a firearm enhancement, holding that the verdict was not against the overwhelming weight of the evidence.
(9-1-0: McCarty concurred in part and in the result without writing)

Simmons v. State, 2022-KA-01260-COA (Criminal – Felony)
Affirming conviction of receiving stolen property and first-degree murder, holding that the circuit did not err in denying the defendant’s motion for JNOV where the evidence was sufficient for both conviction and that the verdict was not against the overwhelming weight of the evidence.
(10-0)

MTD Products, Inc. v. Moore, 2023-WC-00199-COA (Civil – Workers’ Comp)
Affirming the MWCC’s award of PPD for 50 weeks for an upper-left extremity injury, holding that substantial evidence support the MWCC’s finding that the claimant sustained a 25% industrial loss of use that exceeded her 15% functional medical impairment where the claimant’s job duties had to be modified and she was reassigned to different tasks after her injury.
(10-0)

Vlasak v. State, 2022-CP-01211-COA (Criminal – Felony)
Dismissing appeal of the circuit court’s denial of a motion for reconsideration after denying the defendant’s motion to modify sentence that was filed after a guilty plea that was filed after the term of court ended, holding that that the circuit court correctly found that this was essentially a direct appeal after a guilty plea.
(10-0)

Gilmer v. State, 2022-KM-00257-COA (Criminal – Misdemeanor)
Affirming the circuit court’s decision affirming the county court’s order dismissing an appeal of a conviction in justice court of willfully discharging a firearm towards a dwelling and disturbing the peace, holding that there was no error in dismissing the appeal after the defendant failed to appear at his trial de novo.
(8-1-0: Wilson concurred in part and in the result without writing; Emfinger did not participate)

Other Orders

Smith v. State, 2020-KA-00774-COA (denying rehearing)

White v. State, 2021-KA-00818-COA (denying rehearing)

Hobby v. Ott, 2021-CA-01305-COA (denying rehearing)

Ndicu v. Gacheri, 2022-CA-00415-COA (denying rehearing)

Wheeler v. Miss. Limestone Corp., 2022-WC-00534-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of August 2, 2022

In five opinions handed down today, the Mississippi Court of Appeals tackled implied trusts, trespass to timber, hearsay exceptions, and more.

Bays v. State, 2021-KA-00244-COA (Criminal – Felony)
Affirming a conviction of one count of sexual battery by a person in a position of trust or authority, holding that it was error to admit testimony containing a hearsay statement by the 12-year-old victim under the 801(d)(1)(C) statement of identification hearsay exception but that the error was harmless in light of the overwhelming evidence supporting the guilty verdict and holding that the trial court did not abuse its discretion in denying the defendant’s untimely request to submit evidence of another perpetrator or in denying the defendant’s request to re-call the victim.
(9-1-0: no separate opinion)

Ainsworth v. Plunk, 2021-CA-00488-COA (Civil – Wills, Trusts, and Estates)
Affirming the chancery court’s order requiring a father to transfer title of real property back to his two daughters, holding that the chancery court properly applied the remedy of an implied trust under the peculiar facts of this case where (1) the father deeded land to his daughters and reserved a life estate for himself prior to his upcoming marriage in case the marriage ended in divorce, which it did, (2) the father then told the daughters to deed the land back to him and he would execute a new deed where the daughters would be tenants in common with full rights to devise their half interest, (3) the daughters quitclaimed their interest back to the father, (4) and the father then said he would only deed back the land if one of the daughters gave up an African-American baby she had adopted.
(8-2-0: no separate opinions)

NOTE – In addition to its startling facts that would make a compelling movie, this opinion contains a helpful discussion of constructive trusts and resulting trusts, and the differences between the two that would not necessarily make a compelling movie.

Terpening v. F.L. Crane & Sons, Inc., 2021-CA-00544-COA (Civil – Personal Injury)
Affirming summary judgment in a wrongful death action against an employer stemming from a fatal collision involving its employee, holding that the employer was not vicariously liable for the employee’s negligence because the employee was driving home from a week at a remote job site in a personal vehicle when the accident occurred and thus was not in the course and scope of his employment.
(10-0)

NOTES – The Court of Appeals held that the circuit court did not err in declining to apply the workers’ comp “traveling employee doctrine” outside of the workers’ comp arena. Additionally, the Court of Appeals dropped this handy paragraph to cite when the opposing party’s argument relies on out-of-state authorities:

(Please disregard this if I am ever the opposing party citing out-of-state authorities.)

Nalls v. State, 2021-KA-00592-COA (Criminal – Felony)
Affirming convictions of attempted murder and possession of a firearm by a felon, holding that the trial court did not err in denying the defendant’s motion for JNOV because the verdict was not against the overwhelming weight of the evidence and then rejecting several arguments made in the defendant’s additional, pro se brief.
(10-0)

Green v. Poirrier Properties, L.L.C., 2021-CP-00704-COA (Civil – Real Property)
Affirming the chancellor’s decision in a timber-trespass case, holding that the chancellor’s finding that the defendant’s removal of timber constituted a willful act and the chancellor’s award of damages were supported by substantial evidence.
(8-2-0: no separate opinions)

Other Orders

Booker v. State, 2018-CA-00664-COA (denying rehearing)

Manuel v. State, 2020-KA-00711-COA (denying rehearing)

Bridges v. State, 2020-CA-00816-COA (denying rehearing)

Hand Down List