I was out of the office Thursday for an extended weekend camping trip on Horn Island with my oldest son, so hand downs were a bit lower on my priority list than usual. (Proof submitted below.)
While I was at sea, the Mississippi Supreme Court handed down three opinions and appellants went 2-1.
Tommy Brooks Oil Company v. Wilburn, 2022-CA-00551-SCT (Civil – Contract)
Reversing on direct appeal and affirming on cross-appeal after judgments in favor of the defendants on open-account claims, holding that the defense verdict on the open-account was not supported by substantial evidence, and that the plaintiff was entitled to judgment in its favor on liability, and remanding for a new trial on damages and the enforceability of personal guaranty agreements while affirming the denial of the defendants’ claim for attorney’s fees.
(8-0: Maxwell did not participate)
In Re: Death Investigation of Christian Andreacchio, 2023-CA-00060-SCT (Civil – Other)
Affirming the circuit court’s denial of a petition to appoint an attorney to act as district attorney in an effort to spur prosecutions, holding that Mississippi’s victims’ rights statutes did not grant standing to the Estate and that there is no other basis in Mississippi law to allow a private citizen to direct the State’s prosecutorial powers.
(8-1-0: King concurred in result only without separate written opinion)
Lindsey v. Butts, 2022-IA-00738-SCT, consolidated with 2022-IA-00882 (Civil – Wrongful Death)
Reversing the circuit court’s denial of the doctor-defendant’s motion to dismiss for lack of process and denial of the hospital defendant’s motion for summary judgment, holding that the trial court erred by not dismissing the complaint against the doctor because he was never legally served with process which left the circuit court lacking jurisdiction over him and holding that the circuit court erred in denying the hospital’s “preemptive” motion for summary judgment because the plaintiff lacked medical-expert testimony even though the plaintiff’s expert designation deadline had not yet passed.
(6-3: Maxwell concurred in part (as to medical causation SJ) and dissenting in part (as to service of process), joined by Kitchens and King, and joined in part by Beam)
Other Orders
SDBT Archives LLC v. Penn-Star Ins. Co., 2022-CT-00099-SCT (DIG-ed)
Boyington v. State, 2022-CT-00601-SCT (denying cert)
Walmart Stores East, LC v. Melton, 2022-IA-01028-SCT (dismissing interlocutory appeal)
Mathis v. The Mississippi Bar, 2023-BD-01255-SCT (granting leave to resign in good standing from the practice of law)
Mississippi Appeals Blog 