The Mississippi Court of Appeals handed down four opinions yesterday. There was a wills and estates case that was more of an appellate procedure case, a real property contract for sale case, a direct criminal appeal, and a tort/statute of limitations case.
Brown v. Black, 2022-CA-00869-COA (Civil – Wills, Trusts & Estates)
Dismissing appeal of a chancellor’s decision awarding attorneys fees, holding that the 2021 order on attorney’s fees was final and appealable regardless of 2022 certification and that the appeal was therefore untimely.
(9-0: Smith did not participate)
Eaton v. Haney, 2022-CA-00656-COA (Civil – Contract)
Affirming the chancellor’s decision requiring specific performance for sale of real property and awarding damages and attorneys fees, holding that there was a valid contract for the sale of the real property and that the fact dispute between the parties was for the chancellor to decide and that the award of attorney’s fees was within the chancellor’s discretion.
(9-1: Emfinger dissented)
Hand v. State, 2022-KA-00819-COA (Criminal – Felony)
Affirming conviction of kidnapping and child exploitation, holding that the verdicts were not against the overwhelming weight of the evidence.
(10-0)
Pettis v. Northeast Mississippi Electric Power Association, 2022-CA-00688-COA (Civil – Torts)
Affirming dismissal of a negligence claim under the doctrine of res judicata and the IIED and loss of consortium claims on statute of limitations grounds, holding that the discovery rule did not apply and that any fraudulent concealment arguments were waived for failure to raise them in the trial court.
(7-1-0: Westbrooks and McDonald concurred in result only without written opinion, Barnes did not participate)
Other Orders
Brown v. State, 2022-KA-00446-COA (denying rehearing)
Russell v. State, 2022-KA-00447-COA (denying rehearing)
Snyder v. Estate of Cockrell, 2022-CA-00597 (denying rehearing)
Galvan v. State, 2022-KA-00655-COA (denying rehearing)
Mississippi Appeals Blog 