The Mississippi Court of Appeals handed down two opinions today. One addresses a custody award against a backdrop of abuse. The other case involves a remainderman’s claim for damages for timber that was clear cut by the holder of a life estate.
Taylor v. Mississippi Department of Child Protective Services, 2020-CA-01194-COA (Civil – Custody)
Affirming the youth court’s decision awarding durable legal custody of a child to his paternal grandparents, holding that the youth court complied with section 43-21-557(1)(c) and (e) and did not err in bypassing reunification between the mother and her children where there was proof of abuse.
(Judge Westbrooks concurred in the result only without separate written opinion.)
Breeland v. Turnage, 2021-CA-00698-COA (Civil – Real Property)
Affirming the chancery court’s decision awarding the remainderman damages for timer that was cut from the property by the holder of a life estate, holding that the plaintiff had standing because he owned the land at the time of the lawsuit and his subsequent sale of the land did not disturb standing, that the landowner was entitled to collect damages for the profit obtained by devaluing his interested in the property via clear cut, and that the chancellor did not err in refusing to admit testimony about a witness’s prior conviction because the appellant did not argue any of the exceptions to Rule 404 to the trial court.
(Judge Wilson concurred in part and in the result without separate written opinion. Judge Carlton did not participate.)
Other Orders
Nowell v. Stewart, 2020-CA-00728-COA (denying rehearing)
Kreppner v. Kreppner, 2021-CA-00006-COA (denying rehearing)
Mississippi Appeals Blog 