Tag: Wills Trusts Estates

Mississippi Court of Appeals Decisions of January 16, 2024

The Mississippi Court of Appeals handed down eight opinions on Tuesday. The Court covered a lot of subject matter including trusts, unemployment benefits, workers’ comp, and several direct appeals of criminal convictions.

Rutland v. Regions Bank, 2022-CA-00720-COA (Civil – Wills, Trusts & Estates)
Affirming the circuit court’s grant of summary judgment in favor of a trustee who filed a dec action seeking a judgment that the trust did not have to pay funeral expenses, holding that the circuit court did not err in finding that the trust was irrevocable, was not terminated by a subsequent divorce, and that the contents of the trust should be disbursed to the children.
(10-0)

Black v. State, 2022-KA-01101-COA (Criminal – Felony)
Affirming conviction of capital murder based on robbery, holding that the circuit court did not err in rejecting the defendant’s manslaughter instruction, in sustaining the State’s objection to defense counsel calling a detective a “liar” during closing, or in not issuing a cautionary instruction regarding the written transcript of the defendant’s interview with law enforcement.
(8-1-1: McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part without writing)

Coe Law Firm PLLC v. MDES, 2022-CC-01285-COA (Civil – State Boards & Agencies)
Affirming the circuit court’s order dismissing the employer’s appeal of the MDES Board of Review’s order upholding the ALJ’s grant of unemployment benefits, holding that the employer failed to show good cause for not appearing at the ALJ de novo hearing and that issues of misconduct by the employee were therefore moot.
(10-0)

Jones v. State, 2022-KA-01199-COA (Criminal – Felony)
Affirming conviction of attempted aggravated assault with a firearm enhancement, holding that the verdict was not against the overwhelming weight of the evidence.
(9-1-0: McCarty concurred in part and in the result without writing)

Simmons v. State, 2022-KA-01260-COA (Criminal – Felony)
Affirming conviction of receiving stolen property and first-degree murder, holding that the circuit did not err in denying the defendant’s motion for JNOV where the evidence was sufficient for both conviction and that the verdict was not against the overwhelming weight of the evidence.
(10-0)

MTD Products, Inc. v. Moore, 2023-WC-00199-COA (Civil – Workers’ Comp)
Affirming the MWCC’s award of PPD for 50 weeks for an upper-left extremity injury, holding that substantial evidence support the MWCC’s finding that the claimant sustained a 25% industrial loss of use that exceeded her 15% functional medical impairment where the claimant’s job duties had to be modified and she was reassigned to different tasks after her injury.
(10-0)

Vlasak v. State, 2022-CP-01211-COA (Criminal – Felony)
Dismissing appeal of the circuit court’s denial of a motion for reconsideration after denying the defendant’s motion to modify sentence that was filed after a guilty plea that was filed after the term of court ended, holding that that the circuit court correctly found that this was essentially a direct appeal after a guilty plea.
(10-0)

Gilmer v. State, 2022-KM-00257-COA (Criminal – Misdemeanor)
Affirming the circuit court’s decision affirming the county court’s order dismissing an appeal of a conviction in justice court of willfully discharging a firearm towards a dwelling and disturbing the peace, holding that there was no error in dismissing the appeal after the defendant failed to appear at his trial de novo.
(8-1-0: Wilson concurred in part and in the result without writing; Emfinger did not participate)

Other Orders

Smith v. State, 2020-KA-00774-COA (denying rehearing)

White v. State, 2021-KA-00818-COA (denying rehearing)

Hobby v. Ott, 2021-CA-01305-COA (denying rehearing)

Ndicu v. Gacheri, 2022-CA-00415-COA (denying rehearing)

Wheeler v. Miss. Limestone Corp., 2022-WC-00534-COA (denying rehearing)

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Mississippi Supreme Court Decisions of September 21, 2023

The Mississippi Supreme Court handed down four opinions today. There is an estates case, a domestic relations case, and a direct criminal appeal. However, the main stage act is a decision on the constitutionality of HB 1020 (and part of that decision was unanimous).

In Re The Estate of Herbert Bernard Ivison, Jr.: Malouf & Malouf, PLLC v. The Estate of Herbert Bernard Ivison, Jr., 2022-CA-00837-SCT (Civil – Wills, Trusts & Estates)
Reversing the chancellor’s ruling that a law firm’s probated claim against a state was barred by statute, holding that the law firm had no reason to pursue further additional legal actions to secure payment of its claim after timely probating the claim.
(8-0: Griffis did not participate.)

West v. West, 2020-CA-01206-SCT consolidated with 2022-CA-00147, 2002-IA-01158, 2008-CA-01700, 2009-CA-01877, 2010-CA-00316 (Civil – Domestic Relations)
Reversed on direct appeal and cross appeal, holding that the chancellor erred in his priority-of-liens analysis and remanding for a determination of whether capital stock certificates conspicuously noted bylaws restrictions, holding that the chancellor erred in failing to address a retroactive child support claim, and holding that because one party engaged in claim-splitting the chancellor’s decision in the consolidated case was reversed with orders to dismiss the case and reinstate a 2008 judgment, writs of garnishment, and writs of execution.
(8-0: Beam did not participate.)

NOTE – This is a 44-page opinion with a lot going on. Be advised that my summary is even broader than usual.

Jenkins v. State, 2022-KA-00754-SCT (Criminal – Felony)
Affirming conviction of DUI (third offense), holding that the trial court did not err in granting a jury instruction that the State was not required to prove that alcohol impaired the defendant’s ability to drive or level of impairment and did not err in refusing the defendant’s instruction on the defendant’s theory of the case where most of the language of that instruction was incorporated into another instruction.
(5-1*-3: Maxwell specially concurred, joined by four justices from the majority: Coleman, Beam, Chamberlin, and Griffis; Kitchens dissented, joined by King.)

NOTE – Justice Maxwell’s concurrence garnered four other votes giving it precedential effect. That special concurrence held that “an instruction like S-8’s potential to confuse weight heavily against giving it in Section (1)(a) common law DUI cases.” The concurrence also noted that even if this instruction was given in error, it would have been harmless due to the overwhelming evidence of guilt.

Here is the text of the instruction at issue:

Saunders v. State, 2023-CA-00584-SCT (Civil – Unconstitutional Statute)
Affirming in part and reversing in part in the HB 1020 case, holding (1) the creation of the CCID inferior court is Section 4 of HB 1020 is constitutional but (2) Section 1’s creation of four “temporary special circuit judges” to be appointed by the Chief Justice to “almost-four-year-terms” violates the Mississippi Constitution’s requirement that circuit judges be elected.
(6-2: Kitchens dissented as to the constitutionality of CCID inferior court, joined by King; Kitchens and King concurred as to the unconstitutionality of appointing the temporary judges; Randolph did not participate)

NOTE – Here is the crux of the reasoning behind the unanimous holding that the appointment process in HB 1020 is unconstitutional:

Other Orders

Moore v. State, 2021-M-00111 (denying application for leave to proceed in the trial court, finding the filing frivolous, and warning that future frivolous filings may result in sanctions)

Hull v. State, 2022-CT-00088-SCT (denying cert)

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Mississippi Supreme Court Decisions of June 29, 2023 (catch-up post)

The Mississippi Supreme Court handed down two opinions on June 29. The first was an estate case addressing claims of undue influence. The other was a personal injury case on interlocutory appeal of the denial of an insurer’s motion for summary judgment on the issue of whether an employer’s CGL policy provided coverage for an employee’s motor vehicle accident using company equipment.

Estate of Biddle v. Biddle, 2021-CP-00513-SCT (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decisions in an estate matter, holding that venue and jurisdiction were waived by the testator’s sons because those issues were raised for the first time in response to their stepmother’s motion for summary judgment and that the evidence did not create a genuine issue of material fact concerning the existence of “suspicious circumstances” rising to the level of undue influence of the wife over her husband.
(9-0)

Penn-Star Ins. Co. v. Thompson, 2022-IA-00106-SCT (Civil- Personal Injury)
Reversing the trial court’s denial of an insurer’s motion for summary judgment in a motor vehicle negligence action, holding that there was no coverage under the company’s CGL policy where an employee of a welding company was involved in a collision while operating a forklift owned by the company to tow his personal truck to the company’s premises to self-perform repairs because the collision did not “arise out of or relate to” the welding operations.
(9-0)

Other Orders

Watts v. Watts, 2021-CT-00321-SCT (denying cert)

$41,000 v. State, 2021-CT-00692-SCT (denying cert)

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Mississippi Court of Appeals Decisions of June 6, 2023

The Mississippi Court of Appeals handed down six opinions today. One is an appeal from a DOR assessment, one is a case seeking to set aside warranty deeds over alleged undue influence, one is a direct criminal appeal, and the other three are PCR. No appellant prevailed today.

Toolpushers Supply Co. v. Mississippi Department of Revenue, 2021-SA-01186-COA (Civil – State Boards & Agencies)
Affirming summary judgment that affirmed the DOR’s assessment for unpaid retail sales tax, penalties, and interest, holding that there was no genuine issue of material fact about the sales at issue being “retail sales” as opposed to “wholesale sales.”
(10-0)

Holcombe v. Estate of King, 2021-CA-01234-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor ‘s ruling in a case seeking to set aside warranty deeds because of alleged undue influence, holding that that the factors of a confidential relationship were not established by clear and convincing proof.
(10-0)

Hill v. State, 2022-KA-00524-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the trial court properly refused the defendant’s lesser-included-offense instruction of heat-of-passion manslaughter, that the indictment was not defective or constructively amended, and that the right to a speedy trial was not violated.
(9-0: Smith did not participate.)

Hamilton v. State, 2022-CP-00217-COA (Civil – PCR) (consolidated with Hamilton v. State, 2022-CP-00218-COA)
Affirming denial of the petitioner’s third and fourth motions for PCR, holding that the trial court did not err in finding that the motions were time-barred, successive, barred by res judicata, and without merit.
(10-0)

Winston v. State, 2022-CA-00747-COA (Civil – PCR)
Affirming denial of a PCR motion, holding that the petitioner lacked standing to file a PCR motion and that the petition was time-barred.
(10-0)

Varnado v. State, 2021-CP-01073-COA (Civil – PCR)
Affirming denial of a pro se PCR motion, holding that the petitioner failed to present sufficient evidence that his guilty plea was involuntary, that he was misinformed concerning eligibility for release, that his trial counsel was ineffective, or that there was prosecutorial misconduct.
(6-1-3: Carlton dissented, joined by Westbrooks and McCarty; Emfinger concurred in part and in the result without separate written opinion)

Other Orders

West Jasper Consolidated School District v. Rogers, 2021-CA-00171-COA (denying rehearing)

Hathorne v. State, 2021-CA-00306-COA (denying rehearing)

Kirk v. State, 2021-KA-00733-COA (denying rehearing)/

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Mississippi Court of Appeals Decisions of May 23, 2023

The Mississippi Court of Appeals handed down five opinions today in five different areas of law: custody, PCR, wills and estates, criminal, and personal injury.

Culver v. Culver, 2021-CA-01108-COA (Civil – Custody)
Affirming the chancellor’s ruling changing physical custody from the mother to the father, holding that the chancellor did not err in finding an impending move out-of-state would constitute a material change in circumstances that would adversely impact the children’s welfare and that the chancellor’s analysis of the Albright factors was not manifestly wrong.
(6-3-0: Wilson, Westbrooks, and McDonald concurred in result only without separate written opinion; Lawrence did not participate.)

Brown v. State, 2022-CP-00069-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the ineffective assistance of counsel claims were untimely, barred as successive, and precluded by res judicata; the circuit court was not required to grant the plaintiff’s MSJ or find the State in contempt for not responding to it; and the circuit court was not obligated to conduct an evidentiary hearing.
(10-0)

Roosa v. Roosa, 2022-CA-00128-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s estate orders in a 15-year-long legal saga over the estate of an astronaut, holding that the challenging beneficiary (1) waived the argument that the executor did not have authority to donate property to a foundation and (2) did not secure a ruling from the chancellor on the issue of whether the donation met the requirements of a valid inter vivos gift.
(9-1-0: Wilson concurred in part and in the result without separate written opinion.)

Practice Point – This decisions is a good reminder that you have to get a ruling from the trial court on an issue before you can appeal the issue:

Trest v. State, 2021-KA-00968-COA (Criminal – Felony)
Affirming conviction of molestation, holding that the circuit court did not abuse its discretion by admitting evidence of prior bad acts (of molestation) or denying a mistrial when the witness to the prior molestation said that the defendant had molested “us” or by admitting evidence under the tender-years exception, and that the evidence was sufficient to support the conviction.
(8-1-0: Westbrooks concurred in part and in the result without separate written opinion.)

Rhodes v. RL Stratton Properties LLC, 2022-CA-00338-COA (Civil – Personal Injury)
Affirming summary judgment in favor of a building owner in a suit filed by a roofer who fell through a framed opening in the attic floor while looking for the source of water leaks, holding that the failure to warn an experienced roofer claim failed as a matter of law and that the fall through the opening was “intimately connected” to the work the plaintiff was hired to do.
(10-0)

Other Orders

Obert v. AABC Property Management, LLC, 2021-CA-00612-COA (denying rehearing)

Colenberg v. State, 2021-CA-00673-COA (denying rehearing)

Smith v. Minier, 2021-CA_01284-COA (denying rehearing)

Mallard v. State, 2022-CA-00152-COA (denying rehearing)

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Mississippi Supreme Court Decisions of May 4, 2023

The Mississippi Supreme Court handed down three opinions today. One involves where an employee of a police department was entitled to a probable cause hearing, another is a trusts decision on cert that turned on the validity of statute of limitations arguments made for the first time on appeal, and the third is an intentional tort/First Amendment case stemming from a case that was the subject of a popular podcast. The Supreme Court also granted cert in one case.

Wallace v. State, 2022-CA-00119-SCT (Civil – Other)
Affirming the circuit court’s decision denying a probable cause hearing after a police department employee was charged with simple assault of a minor, holding that a law enforcement officer who is not certified under section 45-6-11(3)(a) is not entitled to a probable cause hearing under section 99-3-28(1)(a)(i) and that the defendant was not entitled to a probable cause hearing because he was not within the scope of section 45-6-3(c).
(9-0)

Parker v. Ross, 2020-CT-01055-SCT (Civil – Wills, Trusts & Estates)
Affirming in part and reversing in part the Court of Appeals in a trusts case, holding (1) the trial court did not err by granting a motion to dismissed based on the three-year statute of limitations and that the Court of Appeals erred by reversing that decision based on the ten-year statute of limitations that was raised for the first time on appeal and (2) that the trial court did err in finding that the statute of limitations was not tolled due to disability, affirming the Court of Appeals’ reversal based on sufficiency of evidence of disability.
(8-0: Kitchens did not participate.)

Wagner v. Andreacchio, 2021-IA-01199-SCT (Civil – Torts)
Reversing the trial court’s denial of the defendant’s motion to dismiss claims of intentional infliction of emotional distress, gross negligence, invasion of privacy, and civil conspiracy stemming from the defendant’s publication of portions of an investigative file related to the plaintiffs’ son’s death, holding that the defendant’s publication of public records is constitutionally-protected speech.
(8-1: Griffis dissented)

NOTE – This is the case stems from the death of Christian Andreacchio that was the subject of the first season of the Culpable podcast.

Other Orders

In Re: State Intervention Courts Advisory Committee, 89-R-99039-SCT (appointing or reappointing E. Gregory Snowden, Director of the Administrative Office of the Courts, as Chair of the State Intervention Courts Advisory Committee and the following as members through December 31, 2023: Judge Michael M. Taylor, Judge Winston L. Kidd, Judge Robert Helfrich, Judge Charles E. Webster, Judge Kathy King Jackson, Melody Madaris, Representative Angela Cockerham, Mark Smith, Judge Randi P. Mueller, and Nathan Blevins)

Dampier v. State, 2021-CT-00280-SCT (granting cert)

Scruggs v. Farmland Mutual Insurance Company, 2021-CA-00877-SCT (denying rehearing)

Jarvis v. State, 2021-CT-00930-SCT (denying cert)

Wallace v. State, 2021-CT-01149-SCT (denying cert)

Keys v. Rehabilitation, Inc., 2021-CT-01338-SCT (denying cert)

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Mississippi Court of Appeals Decisions of April 25, 2023

The Court of Appeals handed down nine opinions today and there is something for just about every practice area. There are two appellate jurisdiction cases, a will contest, a breach of contract case, two direct criminal appeals, a divorce/marital estate division case, a breach of termite contract case, an intra-church lawsuit, and an intentional tort/attorney’s fees case.

Herning v. Lakeview S/C Partners, Ltd., 2021-CA-01427-COA (Civil – Other)
Affirming the circuit court’s dismissal of the defendant’s appeal from summary judgment for the plaintiff entered by the county court, holding that the defendant failed to pay the cost bond for his appeal within the thirty-day time limit so the circuit court lacked jurisdiction.
(8-2: McDonald concurred in part and dissented in part without separate written opinion; Lawrence dissented without separate written opinion.)

Pearson v. Eubanks, 2022-CA-00011-COA (Civil – Wills, Trusts & Estates)
Reversing the chancery court’s dismissal of a will contest, holding that the plaintiffs’ well-pleaded allegations when the filed the will contest provided them stating to contest the will on undue influence grounds.
(10-0)

Lewis v. State, 2021-KA-00472-COA (Criminal – Felony)
Affirming conviction of first and second degree murder, holding:
1. No error in transferring venue that the defendant requested.
2. No error in denying Castle Doctrine and stand-your-ground jury instructions.
3. The doctrine of retroactive misjoinder did not apply.
4. Limiting the defense’s cross-examination of a witness about his pending indictment was harmless error.
5. The objection to the investigator’s testimony about exit wounds was waived.
6. No speedy trial violation (issue raised pro se)
7. No error in denying the motion to quash and dismiss the indictment (issue raised pro se)
8. The State did not commit prosecutorial misconduct (issue raised pro se)
9. No error in allowing the jury to review transcript of the defendant’s recorded statement (issue raised pro se)
10. Evidence was sufficient and the verdict was not against the overwhelming weight of it (issue raised pro se)
(7-3-0: Barnes and Lawrence concurred in part and in the result without separate written opinion; Smith concurred in part and in the result, joined by Barnes and Lawrence.)

Kloss v. Bay Pest Control, Inc., 2021-CA-01117-COA (Civil – Contract)
Affirming summary judgment dismissing breach of termite-prevention contract and negligence claim, holding that the presence of termites alone did not support the breach of contract claim or the negligence claim.
(8-2-0: Westbrooks and McDonald concurred in result only without separate written opinion.)

Underwood v. State, 2021-CP-01123-COA (Civil – Other)
Dismissing direct appeal of a guilty plea for lack of jurisdiction without prejudice.
(10-0)

Christian v. State, 2021-KA-00898-COA (Criminal – Felony)
Affirming conviction of aggravated assault upon receipt of a Lindsey brief and the Court’s review of the record, holding that there were no arguable issues for appeal.
(10-0)

Lewis v. Lewis, 2022-CA-00016-COA (Civil – Domestic Relations)
Affirming the chancery court’s line of demarcation for division of the marital estate and award of alimony, holding that the chancellor was well within her discretion to use a December 2020 temporary order as the line of demarcation rather that the trial date and that the chancellor’s alimony findings were sufficient and her ruling was not ab abuse of discretion.
(10-0)

Miller v. Board of Trustees of Second Baptist Church of Starkville, 2020-CA-01384-COA (Civil – Other)
Reversing a monetary judgment following a jury trial, holding that the board of trustees of a church lacked standing to sue the church’s senior pastor and chairman of its deacons for breach of fiduciary duties and other claims, holding that the board lacked authority to file the lawsuit without the church members’ approval and lacked authority to maintain suit after a majority of members voted against it.
(5-2-3: Westbrooks and Emfinger concurred in part and in the result without separate written opinion; Greenlee dissented without separate written opinion; Barnes dissented, joined by Greenlee and McDonald)

Herbert v. Herbert, 2021-CA-01291-COA (Civil – Domestic Relations)
Affirming on direct appeal and reversing on cross-appeal, holding that the circuit court erred in granting summary judgment on the grounds the affirmative defense of release because that defense had been waived but affirming on de novo review of the merits of claims for intentional infliction of emotional distress, verbal assault, conversion, fraudulent misrepresentation, defamation, and breach of contract, but reversing the circuit court’s denial of attorney’s fees to the defendant and remanded for further proceedings.
(6-1-2: McDonald concurred in result only without separate written opinion; Carlton concurred in part and dissented in part, joined by McDonald; Emfinger did not participate.)

Other Orders

Lofton v. Lofton, 2021-CA-00035-COA (denying rehearing)

Yarborough v. Singing River Health Systems, 2021-CA-00668-COA (denying rehearing)

Buchanan v. State, 2021-CP-01069-COA (recalling mandate so motion for rehearing can proceed on merits)

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Mississippi Supreme Court Decisions of April 6, 2023

I am circling back to pick up the rest of the hand downs that I missed last week. The Mississippi Supreme Court handed down six opinions last Thursday with a couple of reversals. There were two skirmishes in med mal cases, one involved an arbitration agreement and the other the substitution of the administrator of an estate. There is a UM case about the right to UM benefits after cutting off the carrier’s subrogation rights. There is also a sixteenth section land case and what should have been an MTCA case. The Supreme Court also denied a petition for reinstatement to the practice of law.

Mississippi Farm Bureau Cas. Ins. Co. v. Peteet, 2021-IA-01420-SCT (Civil – Insurance)
Reversing the denial of a motion to dismiss by a UM carrier, holding that the insured’s execution of a settlement agreement with the at-fault driver unlawfully cut off the UM carrier’s right of subrogation and the UM carrier therefore had no duty to pay the UM claim.
(9-0)

Sill v. State, 2021-KA-00317-SCT (Criminal – Felony)
Affirming conviction of possession of meth, holding that the trial court did not err in denying the defendant’s motion to suppress evidence found in his car because the defendant did not prove that he had a legitimate expectation of privacy in a stolen vehicle, that the State met its burden to prove construction possession, and that the jury could reasonable infer that the untested substance was of the same substance as what was tested.
(9-0)

Belhaven Senior Care, LLC v. Smith, 2022-CA-00050-SCT (Civil – Contract)
Affirming denial of a motion to compel arbitration, holding that the facility failed to prove that the signatory of the arbitration agreement was the resident’s healthcare surrogate, that the plaintiff was not barred by direct-benefit estoppel from contesting the validity of the arbitration agreement, and that the decdent was not a third-party beneficiary of the agreement.
(9-0)

North Bolivar Consolidated Sch. Dist. v. Jones, 2021-IA-01235-SCT (Civil – Real Property)
Reversing the denial of the school district’s motion for summary judgment, holding that the school district’s past acceptance of late rent payments for sixteenth section land were not authorized and could not form the basis of estoppel that would prevent the school district from assessing statutory late-payment penalties.
(9-0)

Morton v. City of Clarksdale, 2022-CA-00216-SCT (Civil – Torts)
Affirming the dismissal of claims that an arrest violated constitutional rights, holding that most of the plaintiff’s claims fell under the MTCA and were barred by the MTCA’s one-year statute of limitations, that the constitutional claims were barred by the three-year statute of limitations, and that the malicious prosecution claim was barred by the one-year statute of limitations for such claims.
(9-0)

Otuseso v. Estate of Mason, 2021-IA-01099-SCT (Civil – Wills, Trusts and Estates)
Affirming the chancellor’s decision removing the administratrix of an estate who had filed a wrongful death suit against a doctor on behalf of the estate and substituting two heirs-at-law as coadminstrators, holding that the doctor’s motion to intervene in the chancery court proceedings was moot since the chancellor had properly removed the unqualified administrator and appointed successor administrators.
(9-0)

Other Orders

Stewart v. The Mississippi Bar, 2022-BR-00382-SCT (denying fourth petition for reinstatement to the practice of law)

Virden v. Campbell Delong, LLC, 2021-CT-00478-SCT (granting cert)
I put this on the “cert watch” list when the COA opinion was handed down. It is a lawyer fight over money with a 5-5 COA decision that left the trial court’s ruling in place. (My summary of the COA decision is here.)

Hand Down List

Mississippi Supreme Court Decisions of March 16, 2023

The Mississippi Supreme Court handed down six opinions today. Like the Court of Appeals on Tuesday, the Supreme Court’s decisions were all unanimous but appellants batted .500 at the Supreme Court. Today’s decisions include a med mal expert case, a board of aldermen case, a municipal boundaries case, an “intimately connected doctrine” premises case, an alienation of affection case, and a mortmain laws case.

UMMC v. Kelly, 2022-IA-00034-SCT (Civil – Medical Malpractice)
Reversing denial of summary judgment to UMMC, holding that the trial court abused its discretion in finding the plaintiff’s expert physician was qualified in the areas of treating impact injuries and infections where the parties agreed the doctor was a licensed ER doctor but the plaintiff did not produce a CV.
(9-0)

City of Canton, Mississippi Board of Aldermen v. Slaughter, 2021-CA-01210-SCT (Civil – State Boards and Agencies)
Affirming the circuit court’s reversal of Board of Aldermen’s decision to remove two members of the Canton Municipal Utilities Commission, holding that the commissioners were deprived of procedural due process when the mayor vetoed the issuance of notice and opportunity to be heard and that veto was not overridden by the BOA.
(9-0)

City of Jackson v. City of Pearl, 2021-AN-01422-SCT (Civil – Municipal Boundaries & Annexation)
Affirming the circuit court’s voidance of the City of Jackson’s ordinance that would incorporate land around JAN, holding that Jackson failed to obtain consent of the Rankin County Board of Supervisors before passing the ordinance.
(9-0)

White v. Targa Downstream, LLC, 2022-CA-00020-SCT (Civil – Personal Injury)
Reversing summary judgment for a premises owner, holding that the intimately connected doctrine does not give immunity to a premises owner when there is a fact issue regarding whether the premises owner created a dangerous condition and whether the independent contractor had actual or constructive notice of the condition.
(9-0)

NOTE – Here is the Court’s Conclusion:

Davis v. Davis, 2020-CA-01304-SCT (Civil – Torts-Other)
Reversing jury award in an alienation of affection case, holding that the claim was barred by the statute of limitations and the plaintiff failed to request proper jury instructions on damages.
(7-2-0: Chamberlin specially concurred joined by Griffis)

NOTE – Chamberlin’s special concurrence called for the abolition of the tort of alienation of affection.

Mississippi Baptist Foundation v. Fitch, 2022-CA-00065-SCT (Civil – Wills, Trusts & Estates)
Affirming the trial court’s grant of summary judgment to heirs, holding that MBF had a possessory interest over a mineral interest as trustee, that the trustor’s death triggered the 10-year portion of the mortmain laws, and MBF failed to protect its alleged rights during that period and could not assert the forty years later.
(9-0)

Other Orders

Gardner v. Jackson, 2020-CT-01313-SCT (cert denied)

McGillberry v. Ross, 2021-CT-01076-SCT (cert denied)

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Mississippi Court of Appeals Decisions of February 21, 2023

The Mississippi Court of Appeals handed down seven opinions yesterday and I have just now been able to sit down and make it through them. These opinions include a wrongful-death MTCA claim, a complaint for public records, two wills and estates cases, and some PCR thrown in the mix.

Humphrey v. Steve Holts, 2021-CA-00046-COA (Civil – Other)
Reversing the chancery court’s order dismissing a complaint for public records and quashing subpoenas, holding that the chancellor erred in dismissing the complaint without an evidentiary hearing to examine the records at issue and remanding for an evidentiary hearing.
(9-1-0: Smith concurred in part and in the result without separate written opinion.)

Baker v. State, 2021-CP-01277-COA (Civil – PCR)
Affirming summary denial of a verified motion for PCR, holding that the trial court did not err in finding that the indictment properly charged the plaintiff with burglary of a dwelling.
(9-1-0: Westbrooks concurred in result only without separate written opinion.)

Avery v. Estate of Eric Lane Avery, 2022-CP-00163-COA (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s order closing the estate, holding that the chancery court did not err in closing the estate without proceeding on a request to amend the death certificate and that there was no evidence that the daughter/beneficiary willfully, knowingly, or intentionally killed her father.
(10-0)

Buchanan v. Hope Federal Credit Union, 2021-CA-00218-COA (Civil – Other)
Affirming the circuit court’s order denying a motion to transfer venue in an action to confirm an arbitration award, holding that the failure to tender required payment at the designated address was a “substantial omission” that made the county where the payment was to be made a permissible venue.
(6-2-1: McCarty concurred in part and in the result without separate written opinion; Westbrooks concurred in result only without separate written opinion; McDonald concurred in part and dissented in part; Emfinger did not participate.)

Maxwell v. Panola County, Mississippi, 2021-CA-01001-COA (Civil – Wrongful Death)
Affirming a defense verdict in an MTCA lawsuit stemming from a double-fatality car crash with a sheriff’s deputy, holding that whether the deputy acted with reckless disregard when he ran a stop sign immediately before the collision was a question of fact and substantial evidence supported the trial court’s finding that it was not more than simple negligence.
(9-1-0: McDonald concurred in result only without separate written opinion.)

Buchanan v. State, 2021-CP-01069-COA (Civil – PCR)
Affirming motion for PCR challenging the revocation of post-release supervision, holding that the circuit court did not err in ruling that the plaintiff’s due process rights were not violated and that the plaintiff’s laches argument was both waived and meritless.
(10-0)

Estate of Charles James Bell v. Estate of Sarah Dell Mann Bell, 2021-CA-00789-COA (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s enforcement of an antenuptial agreement, holding that the chancery court did not err in determining that the antenuptial agreement was not a testamentary document that the wife revoked by a subsequent will, was supported by consideration, and was not substantively unconscionable, and that the husband waived his statutory right to renounce the wife’s will.
(6-1-3: Wilson concurred in part and in the result without separate written opinion; McDonald dissented, joined by Barnes and Westbrooks.)

Other Orders

Arrington v. Anderson, 2021-CA-00233-COA (denying rehearing)

Belmer v. State, 2021-CP-00410-COA (denying rehearing)

Jarvis v. State, 2021-CP-00930-COA (denying rehearing)

Hand Down List