The Mississippi Supreme Court handed down two opinions today. One is a voluntary dismissal versus summary judgment dispute and the other addressed where venue was waived by removal to federal court once the case was remanded. There are also two cert grants among today’s orders.
Busby v. The Lamar Company, LLC, 2023-CA-00892-SCT (Civil – Torts) Affirming the trial court’s decision to grant the plaintiff’s motion for voluntary dismissal and deny the defendant’s motion for summary judgment and for attorney’s fees, explaining that the only difference in the outcome is the award of attorney’s fees which is within the trial court’s discretion. (8-0: Maxwell for the Court; Branning did not participate)
Benchmark Insurance Company v. Harris, 2024-IA-00813-SCT (Civil – Insurance) Reversing the trial court’s decision denying the defendant’s motion to transfer venue, holding that the defendant did not waive its objection to venue by first removing the case to federal court (to a district that encompassed both the improper and proper state court venues) prior to filing an answer in state court and then filing a motion to transfer venue on remand. (9-0: Maxwell for the Court)
Other Orders
Elmore v. Elmore, 2023-CT-00875-SCT (granting cert)
McFall v. Osborne, 2023-CT-01234-SCT (denying cert)
Mortera v. Kona Villa Owners Association, Inc., 2023-CT-01297-SCT (granting cert)
Okorie v. Citizens Bank, 2024-CT-00462-SCT (denying cert)
The Mississippi Supreme Court handed down two opinions yesterday. The most interesting is technically an adoption case, but it involves jurisdictional issues, unwritten local chancery court rules, appellate procedure, and appellate remedies. Both the majority opinion and the partial concurrence/partial dissent are worth your time.
Wiggins v. Southern Securities Group, LLC, 2024-CA-00251-SCT (Civil – Contract) Affirming the trial court’s decision in a contract/business dispute, holding that the trial court did not err in granting one side’s motion for preliminary injunction or in denying the other side’s motion to compel mediation and/or arbitration. (8-1: Griffis for the Court; Coleman dissented)
In the Matter of L.L.T.: Prince v. Mississippi Department of Child Protection Services, 2024-IA-00824-SCT (Civil – Adoption) Affirming the youth court’s ruling that it lacked jurisdiction to finalize an adoption against a backdrop of the chancery court refusing set a hearing on adoption petitions, holding that the youth court did not err in finding that it lacked jurisdiction since chancery courts have exclusive jurisdiction. (5-4: Coleman for the Court; Randolph dissented, joined by Ishee, Griffis, and Branning)
Note – The procedural posture of this one is strange as a result of the chancery court refusing to set a hearing on adoption petitions. The petitioner got creative and initiated the youth court action to create a record for an appeal so that they could seek relief from the appellate courts. The youth court ruled that it lacked jurisdiction and the petitioner was able to appeal. On appeal, the majority of the Supreme Court agreed that the youth court lacked jurisdiction but held that they could not provide any relief other than to affirm the youth court because no other relief was specifically sought. The Supreme Court made it clear that the chancery court should act, but found that it lacked a mechanism based on the issue presented on appeal to compel the chancery court to act. Here is how the majority opinion concluded:
The partial concurrence/partial dissent agreed that the youth court lacked jurisdiction, but was less diplomatic about the chancery court’s conduct and disagreed that Supreme Court’s hands are tied on this appeal:
Other Orders
McGee v. State, 2023-CT-00083-SCT (denying cert)
Childs v. State, 2023-CT-00126-SCT (denying cert)
In the Matter of Estate of Johnson: Manners v. Estate of Johnson, 2023-CT-00823-SCT (denying rehearing)
McNaughton v. State, 2023-CT-01099-SCT (denying cert)
Caffey v. Forrest Health, 2023-CT-01232-SCT (denying cert)
Carr v. State, 2024-CT-00185-SCT (denying cert)
Horne v. Dolgencorp LLC, 2024-CT-00376-SCT (denying cert)
Strong v. Acara Solutions, Inc., 2024-CT-00455-SCT (granting cert)
Rogers v. State, 2025-M-00257 (granting application for leave to proceed in the trial court)
The Mississippi Supreme Court handed down four opinions yesterday. There was also an order dismissing an appeal as untimely based on a defect in a motion for reconsideration filed with the trial court that is worth a quick read.
Mohiuddin v. Jackson County, 2024-CA-00759-SCT (Civil – State Boards and Agencies) Affirming the circuit court’s judgment upholding the Board of Supervisor’s approval of a special exception to a zoning ordinance, holding that the Board’s interpretation of its zoning ordinance was correct and that is decision granting a special exception was not arbitrary and capricious and was supported by substantial evidence. (9-0: Branning for the Court)
Miller v. State, 2024-KA-00804-SCT (Criminal – Felony) Affirming conviction of aggravated assault, holding the indictment was not defective and that the defense was not prejudiced by the State’s amendment of the indictment. (7-1-0: Griffis for the Court; King concurred in result only without writing)
Thompson v. Estate of Lee, 2025-CA-00286-SCT (Civil – Wills, Trusts & Estates) Reversing the chancellor’s decision in a claim brought against an estate by the former clients of the decedent regarding misappropriated client funds, holding that the chancellor erred in dismissing the clients’ claims where the court had previously ruled that MDL funds at issue belonged to the clients and erred in finding that the former clients were required to maintain a judgment against the decedent or his estate to recover their funds that he held in trust. (8-1: Chamberlin for the Court; Randolph concurred in result only without writing)
Busby v. State, 2024-KA-00482-SCT (Criminal – Felony) Affirming conviction of sale of a Schedule II substance, holding that there was no Confrontation Clause violation where the trial court admitted testimony from a drug-analyst expert to testify that the substance sold was methamphetamine and admitted the law report through that expert where the expert was the technical reviewer and not the initial analyst. (5-4: Maxwell for the Court; Coleman concurred in result only, joined by King, Ishee, and Sullivan.)
Other Orders
P.K. Loyacono, PLLC v. Raymond James Financial Services, Inc., 2024-CA-00791-SCT (granting motion to dismiss appeal from final judgment for lack of jurisdiction)
Practice Point – This Order is a cautionary tale. A “motion for reconsideration” that does not state grounds for relief does not toll the appeal deadline:
In Re: Advisory Committee on Rules, 89-R-99016-SCT (reappointing the following persons for three-year terms (1/1/26 to 12/31/28) as members of the Advisory Committee on Rules: Hon. Crystal Wise Martin, Hon. Celeste Embrey Wilson, David P. Pitre, Esq., Corey Clayton Cranford, Esq., Lance L. Stevens, Esq., and Katherine S. Kerby, Esq.)
Jones v. State, 2022-CT-01124-SCT (denying cert)
Davis v. State, 2023-CT-00811-SCT (denying cert)
Lee v. Doolittle, 2023-CT-00969-SCT (granting cert)
Phinizee v. State, 2023-CT-01090-SCT (denying cert)
Fortner v. IMS Engineers, Inc., 2023-CT-01170-SCT (denying cert)
Smith v. State, 2024-CT-00162-SCT (denying cert)
Underwood v. State, 2024-CT-00423-SCT (dismissing cert petition as untimely)
The Mississippi Supreme Court handed down four opinions today. There is a divorce case, an adoption case, and two felony convictions.
Edwards v. Edwards,2023-CA-01334-SCT (Civil – Domestic Relations) Affirming judgement of divorce awarding ex-husband primary physical custody, holding that the trial court did not err in its Albright analysis, did not err in denying the motion for new trial, and did not err in denying a motion for recusal. (8-0: Branning for the Court; Coleman did not participate)
Practice Point – The Court discussed the failure to make specific findings of fact when conducting an Albright analysis:
Mayfield v. State, 2024-KA-00822-SCT (Criminal – Felony) Affirming conviction of sexual battery, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence. (9-0: Branning for the Court)
Moody v. State, 2025-KA-00022-SCT (Criminal – Felony) Affirming conviction of possession of methamphetamine, holding that the conviction was supported by sufficient evidence. (9-0: Maxwell for the Court)
Note – Here is the Court’s preview of the evidence.
Hines v. Caldwell, 2024-CA-00921-SCT (Civil – Adoption) Affirming the chancery court’s decision granting foster parents’ petition for adoption, holding that the adoptive parents were not contractually barred from seeking adoption before exhaustion of family placement with CPS and that judicial estoppel did not apply. (9-0: King for the Court)
Other Orders
In Re: The Rules of Civil Procedure, 89-R-99001-SCT (denying letter motion)
In Re: Local Rules, 89-R-99015-SCT (granting motion seeking approval of revisions to the Local Rules for the Fifth Chancery Court District)
Ramsey v. State, 2023-CT-00440-SCT (denying cert petition as untimely)
Foote v. Memorial Hospital at Gulfport, 2023-CT-00504-SCT (denying cert)
Watkins Construction, Inc. v. Mississippi Department of Revenue, 2024-SA-00662-SCT (denying rehearing)
My summaries of last week’s and today’s action from the Mississippi Supreme Court are below.
I will blame my tardiness in part on the fact that last week I had the privilege of presenting a civil case law update at the 2025 Law Clerk and Judicial Staff In-Person and Virtual CLE presented by The Bench-Bar Liaison Committee of the Mississippi Bar. It was a great time of catching-up with friends and presenting on something I am passionate about.
October 23, 2025
No Opinions
Other Orders
Harris v. Casino Vicksburg, LLC, 2023-CT-00959-SCT (denying cert)
Deer v. State, 2024-CT-00019-SCT (denying cert)
Hatchett v. State, 2024-CT-00100-SCT (denying cert)
Lakeland Premier Women’s Clinic, PLLC v. Jackson, 2024-IA-00445-SCT (Civil – Medical Malpractice) Reversing the trial court’s denial of a clinic and doctor’s motion for summary judgment in a med mal case on interlocutory appeal, holding that the trial court abused its discretion in denying the defendants’ motion for summary judgment and granting the plaintiff additional time to obtain an expert affidavit where the plaintiff filed a response to the motion for summary judgment on the day of the hearing without supporting medical affidavit or testimony. (9-0: Branning for the Court)
Practice Point – The Court drew a distinction between the rule 56(c) which allows affidavits opposing an MSJ to be served as late as the day before the hearing and the uniform rule requiring a response to be filed within 10 days.
Jones v. State, 2024-KA-01356-SCT (Criminal – Felony) Affirming conviction of attempted aggravated-assault, holding that the evidence was sufficient to support the verdict and that the verdict was not against the overwhelming weight of the evidence where evidence showed that the defendant pointed a gun at his neighbor before firing it. (9-0: Maxwell for the Court)
Elliott Land Developments, LLC v. Board of Supervisors of Jackson County, Mississippi, 2024-CA-01249-SCT (Civil – Real Property) Affirming the circuit court’s affirmance the board of supervisors’ denial of a rezoning application, holding that the board had jurisdiction, that whether the developer met its burden was a fairly debatable issue based on substantial evidence presented by each side, and that the board’s denial was not arbitrary or capricious. (9-0: Coleman for the Court)
Chung v. State, 2023-CT-00362-SCT (Civil – Other) Reversing the Court of Appeals and reinstating the trial court’s judgment, holding that sufficient evidence supported the trial court’s decision finding that the State met its burden of proof required in civil-forfeiture proceedings. (5-4: Branning for the Court; Sullivan dissented, joined by King, Coleman, and Ishee)
Note – A 5-4 Court of Appeals reversed the trial court and a 5-4 Supreme Court reversed the Court of Appeals.
Other Orders
1st Step Sober Living LLC v. Cleveland, 2023-CT-00665-SCT (denying cert)
In Re: Administrative Orders of the Supreme Court of Mississippi, 2025-AD-00001-SCT (directing the disbursement of $189,619.03, in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)
The Mississippi Supreme Court handed down one opinion today. It is a 5-4 decision on interlocutory appeal of an order denying a venue transfer.
Nat’l Health Ins. Co. v. Lever, 2024-IA-00112-SCT (Civil – Insurance) Reversing the trial court’s denial of a motion to transfer venue in a lawsuit against a health insurance company, holding that venue was not proper where the medical treatment was rendered because the medical treatment was not a “substantial event” under the venue statute as it was not an act of the defendant. (5-4: Randolph dissented, joined by King, Ishee, and Sullivan)
Other Orders
Culbertson v. State, 2023-CT-00588-SCT (dismissing cert petition that was previously granted)
Ladner v. Hinton Homes LLC, 2024-CT-00941-SCT (denying cert)
The Mississippi Supreme Court handed down two opinions today. One is a statute of frauds case and the other is an estate case involving real property. The latter includes a six-vote special concurrence.
Palmer’s Grocery Inc. v. Chandler’s JKE, Inc., 2024-IA-00194-SCT (Civil – Contract) Reversing the circuit court’s grant of summary judgment on seven of ten claims stemming from the sale of a grocery store that fell through, holding that the plaintiffs complaint plausibly invoked the merchants’ exception and the part-performance exception to the Statute of Frauds. (9-0: Ishee for the Court)
Practice Point – This one provides a good opportunity to brush up on the Statute of Frauds.
In the Matter of the Estate of Johnson: Manners v. Estate of Johnson, 2023-CT-00823-SCT (Civil – Wills, Trusts & Estates) Reversing the Court of Appeals and reinstating the judgment of the chancery court in an estate matter, holding that an Article of Agreement signed by the decedent did not operate as a deed was not a foundation for the basis of a claim against the estate. (5-6*-3: Branning for the Court; Randolph specially concurred, joined by Maxwell, Ishee, Griffis, Sullivan, and Branning; Coleman dissented, joined by King and Chamberlin)
Practice Point – Chief Justice Randolph’s special concurrence garnered votes form five other justices, giving it precedential effect, however limited its reach may be. The special concurrence stated that Justice Branning’s “opinion is unassailably correct and consistent with the Court’s precedent” and took issue with the dissent.
Other Orders
In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending Appendix A to the Mississippi Rules of Civil Procedure to add the attached form subpoenas as follows: Exhibit A as Form 6, Exhibit B as Form 7, and Exhibit C as Form 8.)
In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (granting Expedited Petition to Amend the Rules and Regulations for Mandatory Continuing Legal Education and the Amended Expedited Petition to Amend the Rules and Regulations for Mandatory Continuing Legal Education filed by the Mississippi Commission on Continuing Legal Education as set forth in Exhibit A.)
Clark v. State, 2022-DR-00829-SCT (denying rehearing)
United Services Automobile Association v. Estate of Minor, 2023-CA-000490SCT (denying rehearing by equally divided Court with Coleman not participating)
Chambers v. State, 2023-CT-00626-SCT (denying cert)
Craft v. State, 2023-CT-00915-SCT (denying cert)
Terry v. State, 2023-CT-00979-SCT (denying cert)
Rodriguez v. Diamondhead Country Club and Property Owners Association Inc., 2024-SCT-00238-SCT (denying cert)
Summers v. Big Black Land & Timber Company, LLC, 2025-M-00366-SCT (denying petition for interlocutory appeal)
Arnold v. Staffney, 2025-IA-00562-SCT (granting interlocutory appeal)
We didn’t hear much from the Fourth Floor yesterday.
No opinions handed down.
Other Orders
In Re: Commission on Children’s Justice, 89-R-99037-SCT (In its continuing efforts to improve court processes related to Mississippi’s child welfare system and in compliance with the U.S. Department of Health and Human Services’ requirement for funding to the Supreme Court Administrative Office of Courts State Court Improvement Program (CIP), the Court relieves and discharges the members of the Commission on Children’s Justice from the duties conferred on them by the order of September 30, 2021, with the sincere appreciation of the Court; establishes a new advisory group, the CIP Statewide Multi-Disciplinary Task Force, to consist of the designated members from the Judiciary, the Executive Branch, Non-Governmental organizations; and other persons; and directs the Task Force to meet quarterly to provide feedback and consultation to the CIP manager by reviewing and discussing available child welfare data, by identifying opportunities for legal and judicial involvement in program planning, and by providing suggestions for improving our court processes and the overall functioning of our child welfare system.)
Frazier v. State, 2016-M-01363 (denying motion in the nature of a petition for post-conviction relief, finding it frivolous, and warning that future frivolous filings could be sanctioned)
Taylor v. State, 2023-CT-00245-SCT (denying cert)
Johnson v. Cleveland, 2023-CT-01011-SCT (granting cert)
McPhail v. McPhail, 2024-TS-00849 (denying motion to recall mandate)
The Mississippi Supreme Court handed down two opinions on September 11 and two more on September 18. I think the most significant of the bunch is Pilot Travel Centers, LLC v. Womackwhere the Supreme Court reversed the Court of Appeals and granted a new trial in a premises liability case because improper expert testimony was admitted.
September 11, 2025
Patterson v. State, 2024-CA-00788-SCT (Civil – Wrongful Death) Affirming the trial court’s grant of summary judgment dismissing an MTCA wrongful death claim, holding that the immunity requirements of Section 11-46-9(1)(l) were met and that the statute passed constitutional muster. (9-0: Sullivan for the Court)
Watkins Construction v. Miss. Dept. of Revenue, 2024-SA-00662-SCT (Civil – State Boards & Agencies) Affirming the chancery court’s decision denying a taxpayer’s motion for summary judgment “for reconsideration, clarification, and alternative relief,” finding that the chancellor properly denied the company’s post-judgment request and declining to “give advisory opinions about unraised legal questions.” (9-0: Maxwell for the Court)
Other Orders
The Mississippi Bar v. Valley, 2008-BD-01884-SCT (granting motion to reopen case and file amended formal complaint)
Shelton v. State, 2010-M-01801 (denying petition to review issues re: possible judicial and/or criminal misconduct for possible impeachment and/or prosecution directed at the trial judge, finding that the filing was frivolous, and restricting the petitioner from filing in forma pauperis)
In Re: Judicial Election Oversight Committee, 2021-M-01306-SCT (appointing Spence Flatgard, James H. Heidelberg, and David F. Delgado to four-year terms as members of the judicial election oversight committee)
Carr v. State, 2023-DR-00503-SCT (granting motion to vacate stay and granting open time motions and giving 30 days to file post-conviction application)
In Re Estate of Ivision: Malouf & Malouf, PLLC v. Estate of Ivison, 2024-CA-00421-SCT (Civil – Wills, Trusts & Estates) Affirming the chancery court’s denial of a motion for payment of past due interest, holding that this second probated claim for compound interest was a new claim and was untimely filed. (9-0: Griffis for the Court)
Pilot Travel Centers, LLC v. Womack, 2023-CT-00035-SCT (Civil – Personal Injury) Reversing the Court of Appeals’ decision that held that the trial court’s error admitting expert testimony was harmless, holding that the expert was unqualified and his testimony was unhelpful where he read the defendant’s policies and identified alleged violations of them. (9-0: Chamberlin for the Court)
Practice Point – This is a big Daubert case (though the opinion did not cite Daubert). The Supreme Court agreed with the Court of Appeals that admitting the expert testimony was error, but the Supremes held it was not harmless. The Court adopted the rationale from Judge Wilson’s Court of Appeals dissent:
Other Orders
Crawford v. State, 2024-DR-01386-SCT (granting the State’s motion to dismiss a petition for post-conviction relief)
Galloway v. State, 2025-DR-00129-SCT (granting the State’s motion to dismiss successive motion for leave to proceed)
In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing Robert R. Morris III as member of the Complaint Tribunal)
Crawford v. State, 24-DP-01016-SCT (granting renewed motion to set execution date)
I have been swamped the last few weeks and find myself behind on summaries. One contributing factor is that my firm, Wilkins Patterson, relocated at the end of August. In one form or another, the firm has resided at One LeFleur’s Square on Old Canton Road in Jackson for decades. That location served the firm well, and it was not left without a heap of nostalgia and a tinge of sadness. But as Bob Dylan reminds us, “He not busy being born is busy dying.” This move marks an exciting chapter of growth and opportunity for the firm that we are immensely thankful for. You can find us at 690 Towne Center Boulevard in Ridgeland.
With this post, we are caught up on Mississippi Supreme Court decisions. We may not ever catch up on the Court of Appeals decisions from the past three weeks. This is due, in part, to the fact that over that period of time the Court of Appeals handed down twenty opinions and the Supreme Court handed down four. If you are so inclined, you can follow these links to the COA hand downs: August 19, August 26, and September 2. Read on for Supreme Court decisions…
August 21, 2025
No Opinions
Other Orders
Parker v. State, 2023-CT-00550-SCT (denying cert)
Mount v. State, 2023-CT-00807-SCT (denying cert)
Turner v. State, 2023-CT-01167-SCT (denying cert)
Lynch v. State, 2024-M-01275 (finding that the application for leave to proceed in the trial court was frivolous and warning that future frivolous filings may result in sanctions)
Priority One Bank v. Hall, 2025-IA-00939-SCT (granting emergency petition for interlocutory appeal)
Reyes v. State, 2024-KA-00590-SCT (Criminal- Felony) Affirming conviction of capital murder and life sentence, holding that the trial court did not err in denying the defendant’s motion suppress statements he made to law enforcement, that the State did not vouch for a witness’s credibility, that the issue of whether it was error to allow the State to play portions of a witness’s interview with law enforcement was procedurally barred, and that the ineffective-assistance-of-counsel arguments did not require reversal. (9-0: Griffis for the Court)
Busby Outdoor LLC v. Ditto, 2024-IA-00209-SCT, consolidated with No. 2024-CA-00258-SCT (Civil – Other) Reversing the chancery court’s injunction enforcing the City’s sign ordinance on a billboard situated on state-owned land, holding that “[t]he zoning ordinances must yield in this case to state sovereignty.” (9-0: King for the Court)
Note – I thought for a moment that the Mississippi Supreme Court was about to tackle some big theological issues.
Though it passed on the issue of God’s sovereignty, the Court did hold in this case that that the created could not regulate its creator.
Other Orders
Sims v. State, 2017-M-01379 (finding that the application for leave to proceed in the trial court was frivolous and warning that future frivolous filings may result in sanctions)
Chamberlin v. State, 2022-DR-00546-SCT (granting cert)
Boone v. State, 2023-CT-00684-SCT (denying cert)
Burnette v. State, 2023-SCT-01330-SCT (denying cert)
Smith v. State, 2024-KA-00675-SCT (Criminal – Felony) Affirming conviction of aggravated assault, holding that the trial court did not err in admitting lay opinion testimony from the victim’s treating physicians and that trial counsel was not ineffective for failing to object to that testimony. (9-0: Chamberlin for the Court)
Sunshine Mills, Inc. v. Nutra-Blend, LLC, 2023-CA-01208-SCT (Civil – Torts) Reversing the trial court’s grant of summary judgment for the defendant, holding that the Mississippi Products Liability Act did not govern the claims for breach of contract and implied warranty because they sounded in contract and did not allege damage stemming from a defective product. (9-1-0: Coleman for the Court; Randolph concurred in the result only without writing)
Other Orders
In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing or reappointing Hon. Haydn J. Roberts, John G. Holaday, Amy K. Taylor, Hon. Jennifer T. Schloegel, David A. Pumford, Jeremy T. England, Hon. Kelly D. Mims, Jason D. Herring, and Rachel Pierce Waide to three-year terms (9/01/25 to 8/31/28) as members of the Complaint Tribunals.)
In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (denying Petition of the Mississippi Commission on Continuing Legal Education to Amend Rule 1(d) of the Rules and Regulations for Mandatory Continuing Legal Education)
In Re: Rules Governing Admission to The Mississippi Bar, 89-R-99012-SCT (reappointing Pieter Teeuwissen, Marcie Fyke Baria, and Gwendolyn Baptist-Rucker to three-year terms (11/1/25 through 10/31/28) as members of the Mississippi Board of Bar Admissions)
Weatherly v. Weatherly, 2022-CT-00804-SCT (dismissing cert)
Star v. State, 2023-CT-00788-SCT (denying cert)
Haynes v. State, 2023-CT-00861-SCT (denying cert)
Brown v. Madison County Board of Supervisors, 2024-EC-01059-SCT (denying rehearing)
Mississippi Appeals Blog 