Tag: Statute of Frauds

Mississippi Supreme Court Decisions of October 2, 2025

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)

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Mississippi Court of Appeals Decisions of October 1, 2024

The Mississippi Court of Appeals handed down nine opinions yesterday. There is just one criminal case and the rest are civil cases that run the gamut of practice areas from the statute of frauds to a hunting club dispute.

Smith v. Estate of Watson, 2023-CA-00761-COA (Civil – Wills, Trusts & Estates)
Reversing the chancellor’s judgment ordering the payment of creditor’s claims, disbursement of remaining assets, and closing the estate, holding that the chancellor failed to follow the statutory procedure for administering the insolvent estate.
(8-0: Lawrence did not participate)

Lowe v. Wall Doxey State Park, 2023-CA-00828-COA (Civil – Personal Injury)
Affirming dismissal of an MTCA personal injury case, holding that the trial court properly found that the State was not properly served with presuit notice because Plaintiff did not sent notice to the correct state entity.
(9-0)

Stallworth v. Mississippi Department of Employment Security, 2022-CC-01300-COA (Civil – State Boards & Agencies)
Affirming MDES Board of Review’s decision finding that the claimant was disqualified from receiving unemployment benefits, holding that the Board’s decision was substantial evidence and was neither arbitrary nor capricious where evidence showed that the claimant voluntarily left work without good cause.
(7-2-0: Westbrooks and McDonald concurred in result only without writing)

Mazie v. Boozier-Mazie, 2023-CA-00470-COA (Civil – Domestic Relations)
Affirming order granting a motion to enforce a judgment of divorce and finding the ex-husband in contempt and denying a new trial, holding that the chancellor acted within her discretion to find the ex-husband in contempt for not complying with the court’s judgment.
(8-0: Westbrooks did not participate)

Walker v. Hasty, 2023-CA-00675-COA (Civil – Custody)
Affirming the chancery court’s judgment modifying visitation and increasing child support obligation, holding that arguments that the trial was unfair were waived and without merit, that modifying visitation was not a change in custody, that there was substantial evidence to support the chancery court’s findings, and that the court did not prohibit one party from making a proffer and that party failed to make a proffer.
(8-0: Westbrooks did not participate)

Howard v. Nelson, 2023-CA-00947-COA (Civil – Contract)
Affirming dismissal of a case seeking specific performance enforcing an oral contract to sell land, holding that the statute of frauds applied.
(9-0)

Gandy v. State, 2023-KA-01017-COA (Criminal – Felony)
Affirming conviction of two counts of sexual battery and two counts of gratification of lust, holding that the verdict was not against the overwhelming weight of the evidence.
(9-0)

Short v. The Break Land Company, LLC, 2022-CA-01180-COA (Civil – Torts)
Affirming judgment on the pleadings in a dispute between landowners and an LLC that owned adjacent property for a hunting club of which the landowners were members that arose from the landowners wanting to shoot deer that were damaging their crops and the hunting club’s apparent retaliatory rule adoption and ultimate revocation of the landowner’s membership, holding that the landowners failed to state a claim for any causes of action, that the operating agreement barred the landowners’ claims, and that the trial court did not err not allowing the landowners to amend their complaint where they made no request of the trial court.
(8-0: Lawrence did not participate)

Long v. State, 2023-KA-00351-COA (Criminal – Felony)
Affirming conviction of possession of a controlled substance with intent to distribute, holding that the claim trial counsel committed a Batson violation was procedurally barred and without merit, that the trial court did not err in denying the motion for directed verdict, and that the spoliation argument that the State lost photographs of the crime scene was procedurally barred and without merit, and declined to address Plaintiff’s ineffective-assistance-of-counsel claim on direct appeal.
(7-2: Wilson and Emfinger concurred in part and in the result without writing)

Other Orders

  • Clemmons v. State, 2022-CA-00700-COA (denying rehearing)
  • Designer Custom Homes, LLC v. U.S. Coating Specialties & Supplies, LLC, 2023-CA-00207 (denying rehearing)

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Mississippi Court of Appeals Decisions of April 18, 2023

The Court of Appeals handed down six opinions yesterday. There was one direct criminal appeal, a statute of frauds/equitable estoppel case, an equitable distribution case, and three PCR cases.

Beckworth v. Beckworth, 2022-CA-00048-COA (Civil – Other)
Affirming the chancery court’s ruling in a dispute between siblings over the ownership of a home, holding that the brother who had been evicted by the sister failed to prove the elements of equitable estoppel and therefore he could not get past the statute of frauds.
(10-0)

NOTE – I like this statement on credibility calls:

Cleveland v. State, 2021-CA-01130-COA (Civil – PCR)
Affirming summary denial of a motion for PCR, holding that the petitioner’s first claim was meritless and his second claim was time-barred.
(10-0)

Rutledge v. State, 2022-CP-00513-COA (Civil – PCR)
Affirming denial of a PCR motion, holding that the claim on appeal was procedurally barred because the petitioner sought to challenge the validity of the conviction but had not presented that issue to the trial court.
(10-0)

Johnson v. Johnson, 2021-CA-01080-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s findings on remand for application of the Ferguson factors to equitable distribution, holding that the chancery court did not abuse its discretion by awarding her lump-sum alimony or 45% of his military pension, but sua sponte addressing an incorrect calculation of the percentage of military survivors benefits awarded and reversing/rendering on that issue.
(10-0)

Jackson v. State, 2022-CP-00325-COA (Civil – PCR)
Affirming the trial court’s dismissal of a PCR motion, holding that the circuit court properly dismissed the claim for lack of jurisdiction because the petitioner failed to obtain permission from the Supreme Court.
(10-0)

McClusky v. State, 2022-KA-00115-COA (Criminal – Felony)
Affirming conviction of fondling, holding that the trial court did not abuse its discretion in allowing the State to introduce testimony of prior abuse to show lack of mistake or in allowing the state to question the defendant about pornographic material on his cell phone for impeachment purposes.
(10-0)

Other Order

Clark v. Vicksburg Healthcare, LLC, 2021-CA_00173-COA (denying rehearing)

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Mississippi Supreme Court Decisions of April 13, 2023

I was out of town Thursday and Friday doing fun things with my family and summarizing hand downs didn’t fit the agenda. Without further delay, here are summaries of the four decisions the Mississippi Supreme Court handed down while I was out. There is a wrongful death/premises liability decision, a direct appeal of a murder conviction, and two real property contract decisions.

Deepak Jasco, LLC v. Palmer, 2021-IA-00702-SCT (Civil – Wrongful Death)
Reversing the denial of summary judgment in a premises liability case, holding that the plaintiff did not prove that the owner and operator of a convenience store adjacent to a lot where the plaintiff’s decedent was found stabbed and killed had actual or constructive knowledge that an atmosphere of violence existed on the premises.
(5-4-0: Maxwell concurred in part and in the result, joined by Randolph and Beam)

NOTE – Here is the crux of the Court’s analysis:

Anderson v. State, 2022-KA-00007-SCT (Criminal – Felony)
Affirming conviction of murder, holding that the trial court did not err by refusing an excusable homicide instruction based on heat of passion or by admitting evidence of the defendant’s prior bad act of using methamphetamine just before the shooting and for several days before where the defendant himself testified that he was high on meth when he shot his grandmother and it was relevant to his state of mind and motive.
(9-0)

Sel Business Services, LLC v. Lord, 2021-CT-00368-SCT (Civil – Real Property)
Affirming in part and reversing in part the chancellor’s grant of summary judgment in favor of a property owner who made an oral agreement to sell to one buyer but then sold to someone else, holding that while the statute of frauds barred the claim for specific performance the would-be buyer still had other equitable remedies available.
(9-0)

NOTE – The decisions specifically overruled Barriffe v. Estate of Nelson, 153 So. 3d 613 (Miss. 2014):

Luxe Homes, LLC v. Brewer, 2022-IA-00132-SCT (Civil – Contract)
Reversing the chancellor’s denial of a motion to transfer venue, holding that the terms of a venue provision in the contract between the parties were unambiguous, mandatory, and enforceable and that the transferred to the circuit court of the venue county even though the suit sought specific performance of a real estate contract.
(7-2-0: Kitchens and King concurred in result only without separate written opinion)

Other Orders

$153,340 v. State, 2020-CT-01409-SCT (cert denied)

Wilson v. City of Greenville, 2021-CT-00316-SCT (cert denied)

Johnson v. State, 2021-CT-00571-SCT (cert denied)

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Mississippi Court of Appeals Decisions of June 7, 2022

A deposition took me out of blogging service for most of the afternoon, so a little later than usual I give you summaries of the nine opinions handed down by the Mississippi Court of Appeals. These opinions cover the statute of frauds, trusts, appellate jurisdiction, youth court, authentication of text messages, equitable division and alimony in a divorce case, workers’ comp, PCR, and more.

SEL Business Services, LLC v. Lord, 2021-CA-00368-COA (Civil – Real Property/Statute of Frauds)
Affirming the chancery court’s dismissal of a suit to reclaim property or alternatively for unjust enrichment, holding that a “handshake deal” for the purchase of a building that was sold before that deal came to fruition was subject to the statute of frauds, that the statute of frauds was not satisfied, and that the equitable remedy of unjust enrichment was therefore unavailable.
(All judges concurred.)

Lennon v. Lowrey & Fortner, P.A., 2021-CA-00426-COA (Civil – Wills, Trusts & Estates/Appellate Procedure/Appellate Jurisdiction)
Granting a motion to dismiss an appeal for lack of jurisdiction in a case of first impression, holding that the 30-day time period for perfecting an appeal began to run upon the entry of an order adjudicating a claim for attorney’s fees against a trust–not the final judgment terminating the trust.
(All judges concurred.)

Smith v. Adams County Youth Court, 2021-CP-00196-COA (Civil – Juvenile Justice)
Dismissing an appeal of the denial of a minor’s post-disposition motion for modification arguing that his guilty plea was the result of ineffective assistance of counsel, holding that the notice of appeal was prematurely filed because the youth court had not been given an opportunity to consider these arguments and any supporting evidence.
(Judge Wilson concurred in result only without separate written opinion.)

Warner v. Warner, 2020-CA-01098-COA (Civil – Domestic Relations/Divorce/Valuation/Equitable Division/Alimony/Contempt)
Reversing the chancellor’s judgment in a divorce case, holding that the chancellor erred in valuation and equitable division of marital assets, in the award of alimony, and in finding the ex-husband in contempt and awarding attorney’s fees as a result.
(Judge Wilson concurred in part and in the result without separate written opinion.)

Simpson v. State, 2021-KA-00075-COA (Civil – Felony/Authentication)
Affirming convictions of two counts of first-degree murder, first-degree arson, and possession of a deadly weapon by a felon, holding that there was no plain error with regard to the authentication of text messages and that there was no merit to the claim of ineffective assistance for not objecting to the properly-authenticated text messages.
(Judge Emfinger did not participate.)

Carson v. State, 2021-KA-00436-COA (Criminal – Felony/Weight and Sufficiency)
Affirming conviction of possession of cocaine, holding that the circuit court did not err in denying a motion for new trial challenging the weight and sufficiency of the evidence and finding no merit to the defendant’s pro se arguments that his rights under the Fourth Amendment and the Confrontation Clause were violated, that the State’s case hinged on “racial profiling,” that he had ineffective assistance of counsel, and that the circuit judge failed to comply with Sharplin.
(All judges concurred.)

Ellis v. State, 2020-CP-00770-COA (Civil – PCR)
Affirming the circuit court’s denial of the plaintiff’s PCR motion, holding that the motion was time-barred and that the plaintiff failed to raise any claims resulting in the deprivation of his fundamental constitutional rights that would defeat the time bar.
(Judge Wilson and Judge Emfinger concurred in part and in the result without separate written opinion. Judge McDonald concurred in the result only without separate written opinion.)

Reardon v. State, 2020-CP-01259-COA (Civil – PCR)
Affirming the circuit court’s denial of the plaintiff’s PCR motion, holding that the motion was procedurally barred and that his claims of ineffective assistance of counsel, deprivation of fundamental rights, and failure to recuse were without merit.
(Chief Judge Barnes and Judge Wilson concurred in part and in the result without separate written opinion. Judge McDonald concurred in the result only without separate written opinion. Judge Greenlee and Judge McCarty did not participate.)

Duren v. Effex Management Solutions, LLC, 2021-WC-00337-COA (Civil – Workers’ Compensation)
Affirming the Commission’s ruling, holding that there was substantial evidence to support the Commission’s decision that the claimant failed to prove that he suffered a permanent disability and the decision to award TTD through the date of MMI, but denying post-MMI medical treatment, prescription, and mileage reimbursements.
(Judge Wilson concurred in part and in the result without separate written opinion. Judge Westbrooks and Judge McDonald concurred in the result only without separate written opinion.)

DEEPER DIVE: This case had an interesting post-MMI fact pattern where the claimant was released to return to work without restrictions, was offered to return to work for the Employer at his pre-injury wages, and returned to work there, but then quit working for the Employer due to complaints of pain. Under these facts, the Court of Appeals noted that there was a presumption of no loss of wage-earning capacity and held that the claimant did not overcome it:

Other Orders

Hammer v. State, 2019-KA-01633-COA (denying rehearing)
Shannon v. Shannon, 2020-CA-00847-COA (denying rehearing)

Hand Down List