Tag: Lease

Mississippi Court of Appeals Decisions of February 18, 2025

The Mississippi Court of Appeals handed down nine opinions today and one bonus opinion Thursday of last week. There are a few real property cases including a restrictive covenants case. There are two interesting speedy trial cases among several other direct criminal appeals.

February 13, 2025

Johnson v. Cleveland, 2023-CA-01011-COA (Civil – Real Property)
Reversing the chancery court’s decision in a tax sale and forfeited tax land patents, holding that a potential adverse possession claim did not confer standing, that the plaintiff lacked standing per section 29-1-21, and that the chancellor erred in declaring the tax sale void and ordering that the forfeited tax land patents be cancelled.
(6-4: Westbrooks dissented, joined by Barnes, McDonald, and Lawrence)

February 18, 2025

Wallace v. State, 2023-KA-00721-COA consolidated with 2023-KA-00723-COA, consolidated with 2023-KA-00888-COA (Criminal – Felony)
Affirming convictions of three brothers who were tried together of capital murder, holding that the convictions were supported by sufficient evidence, that the trial court’s decision to allow an investigator to testify about a witness’s prior statement was harmless error, that the trial court did not in error for allowing testimony of prior bad acts to which there was no timely objection, that there was no violation of the constitutional right to a speedy trial under the totality of the circumstances, and that one brother’s ineffective assistance of counsel argument was without merit.
(7-3-0: Lawrence and McCarty concurred in part and in the result without writing; Westbrooks concurred in result only without writing)

Note – The speedy trial discussion is worth reading if that is in your wheelhouse.

1st Step Sober Living LLC v. Cleveland, 2023-CA-00665-COA (Civil – Other)
Affirming the chancellor’s decision granting residents’ request for injunctive relief preventing a home in a subdivision from being used by individuals recovering from substance abuse disorder, holding that the sale of the subject property did not render the case moot because damages were sought, that the proposed use was a commercial endeavor that was prohibited by restrictive covenants, and the chancellor did not err in determining that the rehab home did not sufficiently prove that the tenants would fit the “handicap” criteria for FHA purposes.
(10-0)

Brooks v. State, 2023-KA-01081-COA (Criminal – Felony)
Affirming conviction of possession of a controlled substance and being a felon in possession of a firearm, holding that the evidence was sufficient to support both convictions.
(10-0)

Chambers v. State, 2023-KA-00626-COA (Criminal – Felony)
Affirming conviction of one count of capital murder and two counts of felonious child abuse, holding that the trial court did not err in denying the defendant’s motion to suppress her statement to investigators where she voluntarily, knowingly, and intelligently waived her Miranda rights and that the State presented sufficient evidence for all convictions.
(9-1-0: Wilson concurred in part and in the result without writing)

LoanMax, LLC v. Castle Columbus I, LLC, 2023-CA-00790-COA (Civil – Contract)
Affirming in part and reversing in part the chancery court’s rulings in a claim for declaratory and injunctive relief involving a commercial lease renewal, holding on direct appeal that the chancellor did not err in finding that lessee did not provide notice required to effectively renew the lease, on cross-appeal that the chancellor did not err in finding that the owner is not entitled to damages for roofing or HVAC or to attorney’s fees, and on cross-appeal that the chancellor erred in her findings on holdover rent and remanded for a determination of what back rent may be owed.
(9-0: Barnes did not participate)

Taylor v. State, 2023-KA-00245-COA (Criminal – Felony)
Affirming conviction of aggravated assault with a deadly weapon, holding that the defendant’s right to speedy trial was not violated.
(7-4*-0: McCarty specially concurred, joined by McDonald and St. Pe (who also joined the majority); Lawrence concurred in part and in the result without writing)

Note – The constitutional right to speedy trial got a lot of air time today. Here is how McCarty’s special concurrence on the subject kicks off:

Spearman v. State, 2023-KA-01091-COA (Criminal – Felony)
Affirming conviction of aggravated assault, holding that there were no arguable issues for appeal after reviewing counsel’s Lindsey brief and the record.
(10-0)

Fears v. State, 2023-KA-00174-COA (Criminal – Felony)
Affirming conviction of capital murder, armed robbery, conspiracy to commit armed robbery, and aggravated assault against victims responding to a fake Facebook Marketplace ad, holding that the trial court did not abuse its discretion in denying an accomplice jury instruction.
(10-0)

Johnson v. State, 2023-KA-00369-COA (Criminal – Felony)
Affirming convictions of capital murder and felony child abuse, holding that the defendant abandoned his motion to server the counts against him when he failed to pursue a motion to hearing a decision and, further, that the trial court did not abuse its discretion denying the motion to sever.
(10-0)

Other Orders

  • Johnson v. SW Gaming, LLC, 2023-CA-00505-COA (denying rehearing)
  • Simmons v. State, 2023-KA-00518-COA (denying rehearing)

Hand Down Page – February 18, 2025

Hand Down Page – February 13, 2025

Mississippi Court of Appeals Decisions of May 31, 2022

The Mississippi Court of Appeals handed down five opinions today. Topics include the fate of a living trust that included a languishing cattle farm, unemployment benefits, alleged bolstering of the testimony of a minor who was the victim of sexual battery, alleged MDEQ violations by a lessee, and a PCR motion.

Stapp v. Stapp, 2020-CA-01282-COA (Civil – Wills, Trusts, and Estates)
Affirming the chancery court’s rulings in an action asking the court to divide the corpus of a living trust or, in the alternative, to make a distribution to the beneficiaries, holding that the chancellor did not err in (1) requiring that all the farm equipment be auctioned because the beneficiaries were not able to run the farm at issue and the farm had not been profitable since their father’s death, (2) requiring $50,000 to be maintained in an account for unforeseen expenses since real property remained in the trust, (3) not requiring one beneficiary to reimburse the trust for rent and utilities during her occupancy of the farmhouse in the trust and allowing her to live there indefinitely, or (4) not requiring one beneficiary to reimburse the trust for funds she received from cattle sales and not requiring the trust to reimburse the other beneficiary for expenses allegedly incurred for management of the cattle.
(Judge McCarty dissented, arguing that since the documents creating the trusts were not in the record, the trial court modified two trusts without having the terms of the trust or knowing the settlor’s intent.)

Mitchell v. Mississippi Department of Employment Security, 2021-CC-00794-COA (Civil – State Boards and Agencies/MDES)
Affirming the denial of unemployment benefits, holding that there was substantial evidence to support the ALJ’s determination that the claimant’s work-search requirement was not satisfied and declining to review other arguments that were not supported by citations to any authority.
(Judge Westbrooks concurred in part and in the result without separate written opinion.)

Note – I understand why appellate courts often handle arguments not supported by citations to authority by stating that they are waived, but then analyzing them anyway and explaining that they are meritless. In this case, it was refreshing to see the Court of Appeals simply hold that the arguments were waived and leave it at that.

Trotter v. State, 2020-CA-00094-COA (Civil – PCR)
Affirming the circuit court’s denial of the plaintiff’s PCR motion, holding that the circuit court did not err in finding that the plaintiff failed to prove his ineffective assistance of counsel claim and that the circuit court did not abuse its discretion in denying the plaintiff’s request to be resentenced to life without the possibility of parole.
(Judge Wilson concurred in part and in the result without separate written opinion; Judge McCarty concurred in result only without separate written opinion.)

Blocton v. State, 2021-KA-00197-COA (Criminal – Felony/Sexual Battery)
Affirming a conviction of sexual battery of a small child, holding (1) the circuit court did not abuse its discretion in allowing the victim’s foster mother, the forensic interviewer, and an investigator to testify about what the victim disclosed to them over the defendant’s argument that this testimony improperly bolstered the victim’s testimony and (2) the circuit court did not commit plain error in allowing the investigator to testify and that there was no merit to the defendant’s claim that his lawyer rendered constitutionally ineffective assistance.
(Judge McCarty concurred in part and in the result without separate written opinion. Judge Smith did not participate.)

Biloxi Dock & Ice, LLC v. Back Bay Fuel and Ice, LLC,  2021-CA-00701-COA (Civil – Contract/Lease)
Affirming the circuit court’s decision upholding the county court’s findings in a case arising out of a lease dispute, holding that the county court, as fact-finder, had sufficient evidence to conclude that the purchaser/landowner failed to establish that the lessee had violated MDEQ regulations that would render the lessee in default of the lease.
(All participating judges concurred.)

NOTE – A lessor in this case was named Lesso. Lesso was sometimes referred to as Lessor in the opinion. Had Lesso been the lessee we could have met calamity.

Other Orders

Lambes v. Lambes, 2020-CA-00095-COA (denying rehearing)

Hand Down List