Justia Mississippi Supreme Court Opinion Summaries

A healthcare technology company formed in 2016 included the appellant as a founding member. The company’s operating agreement was modified several times, and in August 2020, the appellant assigned his membership interest to another member and a separate entity, ceasing to receive further distributions. Two years later, the appellant, through counsel, alleged that the assignment was executed under duress and fraud, and that there were improprieties with the amended operating agreements. In February 2024, the appellant, joined initially by another individual, filed suit against several members and the company, alleging negligent misrepresentation, securities violations, interference with contractual relations, conspiracy, conversion, and breach of fiduciary duty.The Harrison County Circuit Court, upon motion from the defendants, granted summary judgment, determining that all of the appellant’s claims were barred by Mississippi’s three-year statute of limitations. The court held that the appellant’s injury accrued at the time of the assignment in August 2020, and that the complaint filed in February 2024 was untimely. Arguments regarding forgery of an earlier operating agreement were found irrelevant to the assignment. Subsequent efforts by the appellant to supplement the appellate record with new evidence were denied after a limited remand from the Supreme Court of Mississippi.On appeal, the Supreme Court of Mississippi reviewed only the appellant’s arguments concerning the denial of record supplementation, as he failed to challenge the grant of summary judgment in his primary brief. The Court held that issues not raised in the appellant’s initial brief are waived, and the pro se status of the appellant did not excuse this failure. The Court also found no abuse of discretion in denying the request to supplement the record. Accordingly, the Supreme Court of Mississippi affirmed the trial court’s grant of summary judgment. View "Johnson v. Nichols" on Justia Law

A dispute arose over real property in Harrison County, Mississippi, after the land was sold to the state for unpaid taxes in August 2017 and subsequently conveyed to Jermille Johnson via forfeited tax land patents in 2021. Elizabeth Cleveland, who had lived on the property since the 1980s, filed a complaint in the Harrison County Chancery Court seeking to quiet title through adverse possession and to void the tax sale due to lack of proper notice. Cleveland asserted that she had acquired ownership by adverse possession over more than twenty years.The Harrison County Chancery Court found that Cleveland had standing to challenge the tax sale and land patents, and determined the sale was void because the required notice had not been given. The chancellor cancelled the land patents and returned the property to the county. Johnson appealed, and the Mississippi Court of Appeals reversed the chancery court’s judgment, holding that Cleveland lacked standing to challenge the tax sale and that Mississippi Code Section 29-1-21 barred such claims once land was struck off to the state. The appellate court remanded the case for consideration of Johnson’s counterclaim to quiet title.On certiorari, the Supreme Court of Mississippi reviewed only the issue of Cleveland’s standing. The Court held that Cleveland has standing to challenge the tax sale because her adverse possession claim, if true, would have vested title in her by operation of law. Additionally, the unique facts of the case demonstrated an adverse impact sufficient to confer standing, as Cleveland faced losing her home. The Court rejected Johnson’s statutory argument, holding that other statutes permit challenges to tax sales. The Supreme Court of Mississippi reversed the Court of Appeals and reinstated and affirmed the judgment of the Harrison County Chancery Court. View "Johnson v. Cleveland" on Justia Law

A group of plaintiffs filed a lawsuit in the Circuit Court of the First Judicial District of Hinds County, Mississippi, alleging misuse, misappropriation, and conflicts of interest related to an investment in Mockingbird Cannabis LLC, a medical marijuana manufacturer. The case was initially assigned to Judge Debra Gibbs. Before the defendants were served, one defendant, Millette, filed motions to compel arbitration, to dismiss the case, and to stay proceedings. The plaintiffs responded and also sought leave to file an amended complaint that expanded the number of parties and clarified their claims.Subsequently, without a hearing, a specially appointed judge, Barry Ford, granted the plaintiffs’ motion to amend. Millette questioned Judge Ford’s authority to act in the case, arguing that Ford’s appointment was limited to cases pending as of a prior administrative order dated February 21, 2024, and this case was filed after that date. Millette opposed the reassignment and sought appellate review, raising the issue of the judge’s authority to issue orders in this matter.The Supreme Court of Mississippi considered whether Judge Ford was properly authorized to act in the case. The Court examined the language of the appointment order and relevant statutory provisions, concluding that Judge Ford’s authority was limited to cases pending as of February 21, 2024, and did not extend to this case, which was filed later. Therefore, the Supreme Court of Mississippi reversed the actions taken by Judge Ford and remanded the case to proceed before the originally assigned circuit-court judge. The Court further held that remaining issues raised on appeal were moot in light of this disposition. View "Millette v. Burger" on Justia Law

A pregnant woman was involved in a car accident and suffered a miscarriage a few days later. She subsequently filed a claim for uninsured- and underinsured-motorist benefits with her auto insurance provider, which was denied. She then brought a wrongful-death lawsuit against the insurer, alleging that she was run off the road by a negligently operated, unknown vehicle. After litigation lasting several years, she reached a settlement with the insurance company. The father of the unborn child, who had maintained a relationship with the woman, filed a motion to intervene in the lawsuit, asserting that he had only recently learned of relevant facts and alleging that the insurer and the mother had concealed or failed to disclose information regarding the accident.The Jones County Circuit Court considered whether the father’s motion to intervene was timely, applying the four-factor test from Partnership for Healthy Mississippi v. State ex rel. Barbour (In re Hood ex rel. State Tobacco Litigation). The court found that the father knew or should have known of his interest for several years, and that granting intervention at this late stage would significantly prejudice the existing parties, especially after the settlement had already been reached. The court also noted there were no affirmative acts of concealment and found that any prejudice to the father from denial of intervention was outweighed by the prejudice to the settled parties. The court denied the motion as untimely and dismissed the claims with prejudice.The Supreme Court of Mississippi reviewed the appeal and applied the same four-factor timeliness test. The Court concluded that the trial court did not abuse its discretion in finding the motion to intervene untimely. The Supreme Court affirmed the trial court’s judgment, holding that the motion to intervene was properly denied due to untimeliness. View "Smith v. Mississippi Farm Bureau Casualty Insurance Company" on Justia Law

Benard Hubbard II electronically signed an admissions packet and a stand-alone arbitration agreement for his father’s admission to Woodlands Rehabilitation and Healthcare Center in Clinton, Mississippi. At the time, Hubbard Sr. was competent and able to communicate with staff. Two years later, Hubbard Sr. filed a medical-negligence claim against the facility’s parent company, a physician, and a medical practice. The defendants moved to compel arbitration based on the agreement signed by Hubbard II. At the hearing, both parties acknowledged that Hubbard II did not have power of attorney or formal authority and that the arbitration agreement was separate from the admission itself. Hubbard II submitted an affidavit stating he signed without consulting or receiving authority from his father, and no evidence was presented to refute this.The Hinds County Circuit Court granted the motion to compel arbitration, expressing concern about Hubbard II contesting the agreement but failing to specify any factual basis for its decision or address the defendants’ request for additional discovery. The defendants subsequently conceded in the Supreme Court of Mississippi that the factual record was insufficient to affirm the trial court’s order and requested a remand for further findings.The Supreme Court of Mississippi reviewed the trial court’s decision de novo and found that the record lacked evidence establishing Hubbard II’s authority to bind his father to arbitration. The court also determined that the defendants had abandoned their motion for additional discovery by failing to secure a trial court ruling. Accordingly, the Supreme Court reversed the trial court’s order compelling arbitration and remanded the case for further proceedings consistent with its opinion. View "Hubbard v. Nexion Health at Clinton, Inc." on Justia Law

Robert Crawford was admitted to a hospital in August 2018 in critical condition. The next day, his daughter Carol obtained a general power of attorney (POA) allegedly signed by Robert and notarized by Lindsay, though Robert’s condition raised questions about the validity of the POA. Carol attempted to use the POA to access Robert’s bank accounts; one bank and a hospital refused to honor it, but First Security Bank (FSB) allowed significant withdrawals, despite having prior instructions from Robert to prohibit such transactions unless he appeared in person. Robert died intestate in September 2018, and Dasie Mae Richmond was appointed administratrix of his estate.Dasie filed suit in the Quitman County Chancery Court in August 2021 against FSB, Carol, and Lindsay, alleging improper procurement of the POA, conversion, conspiracy, negligence, and breach of contract. After initial discovery, proceedings were stayed due to Carol’s indictment and plea related to exploitation of a vulnerable person. Lindsay filed a motion for summary judgment, which was denied. Later, Lindsay moved to dismiss for failure to prosecute under Rule 41(b), with FSB and Carol joining. The chancery court granted dismissal as to Lindsay only, citing ongoing restitution by Carol and unresolved issues with FSB, but denied the motion as to FSB and Carol.The Supreme Court of Mississippi reviewed only FSB’s appeal of the denial of dismissal. The Court held that the facts justifying dismissal for Lindsay applied equally to FSB and found no sound basis in the record for treating FSB differently. The Supreme Court of Mississippi concluded that the chancery court abused its discretion in denying the Rule 41(b) dismissal as to FSB. The Supreme Court reversed the lower court’s decision and rendered judgment dismissing the claims against FSB. View "First Security Bank v. Richmond" on Justia Law

Monica Sparrow accompanied her daughter to a hospital appointment during the COVID-19 pandemic, when special entry and exit procedures were in place. After her daughter’s appointment, Sparrow was instructed by a nurse to exit the hospital through an employee parking garage to retrieve her car. While leaving through this route, which she was unfamiliar with, Sparrow slipped on a wet, partially concealed, and allegedly slick drainage grate that shifted under her weight. Sparrow sustained a serious knee injury requiring surgery. She claimed that the hospital required her to use an unreasonably dangerous route and failed to warn her of its dangers.The case was first heard in the Lauderdale County Circuit Court. Rush Health Systems, the hospital operator, moved for summary judgment, arguing that the drainage grate was an obvious, non-dangerous condition and that Sparrow was a licensee to whom limited duties were owed. The hospital contended that the grate's presence and condition were not unreasonably dangerous and that Sparrow was at fault for not watching where she was walking. Sparrow presented evidence, including her own and expert testimony, suggesting the grate was slick, poorly lit, shifted under weight, and that she was directed by hospital staff to use that exit. The trial court denied summary judgment, finding that genuine factual disputes remained as to whether the condition was dangerous and whether Sparrow was an invitee or licensee.On appeal, the Supreme Court of Mississippi reviewed the denial of summary judgment de novo. The Court held that Sparrow had presented sufficient evidence to create genuine issues of material fact regarding whether the drainage grate constituted a dangerous condition and her status as an invitee or licensee at the time of her fall. The Supreme Court of Mississippi affirmed the trial court’s denial of summary judgment and remanded the case for further proceedings. View "Rush Health Systems, Inc. v. Sparrow" on Justia Law

A divorced couple with one child became embroiled in post-divorce litigation over visitation and the enforcement of prior court orders. After the divorce, the mother had primary physical custody, but the father was granted substantial visitation. In 2015, a chancellor found the mother had interfered with visitation and ordered her to pay the father for medical debt related to her other child. Years later, the father again sought to enforce visitation and recover the debt, leading to a series of contentious proceedings. The mother failed to comply with orders regarding visitation and payment. The court ultimately found her in contempt, incarcerated her, and awarded custody to the father. During these proceedings, allegations arose that the mother’s attorney had advised her not to follow the court’s orders.The case was heard in the Hinds County Chancery Court, where the new chancellor enforced the previous order for payment, found the mother in contempt, and sanctioned her attorney, Matthew Thompson, for his actions related to the case and his failure to appear at a show-cause hearing. The mother and her attorney appealed several orders, including the contempt finding against the attorney and the enforcement of the 2015 order.The Supreme Court of Mississippi reviewed the appeals. It held that the chancellor improperly sanctioned Thompson for constructive criminal contempt without affording him due process, specifically notice and a hearing before a different judge. The court vacated the sanction against Thompson, remanded for further proceedings before another chancellor, and ordered the return of the $1,500 fine. The court affirmed the enforcement of the 2015 order against the mother and denied her requests for permanent recusal of the chancellor and referral to the judicial commission. All other issues related to visitation and custody were deemed moot after the father relinquished his parental rights. View "Jones v. Jones" on Justia Law

An employee who suffered a workplace injury sued his employer’s workers’ compensation insurance carrier and related entities, alleging failure to authorize timely medical treatment and misrepresentation of his injuries to the Mississippi Workers’ Compensation Commission. The plaintiff filed the lawsuit in Hinds County, Mississippi, though the only resident defendant lived in Rankin County. The defendants, all nonresidents except one, removed the case to federal court, invoking diversity jurisdiction and asserting that the resident defendant was improperly joined. While in federal court, the defendants filed a motion to dismiss based on failure to exhaust administrative remedies but did not raise a venue objection.The United States District Court for the Southern District of Mississippi found that it lacked subject-matter jurisdiction because the defendants had not met their burden to show improper joinder and remanded the case to the Hinds County Circuit Court. After remand, and before filing an answer or conducting discovery, the defendants moved to transfer venue to Rankin County. The plaintiff argued that any venue objection was waived because it was not raised in federal court, and the Hinds County Circuit Court denied the motion to transfer based solely on waiver, relying on the Mississippi Supreme Court’s decision in Breal v. Downs Law Group.The Supreme Court of Mississippi held that the defendants did not waive their objection to venue by failing to raise it in federal court, as the issue of proper state-court venue was not available while the case was pending in federal court. The court distinguished the facts from those in Breal and clarified that the defense of improper venue was timely asserted at the first opportunity in state court. The Supreme Court of Mississippi reversed the trial court’s denial of the motion to transfer venue and remanded the matter for further proceedings. View "Benchmark Insurance Company v. Harris" on Justia Law

A dispute arose between two competing billboard companies after one company constructed an electronic billboard in Gulfport, Mississippi. The company that operated existing billboards nearby filed suit, claiming that the new billboard violated a city ordinance enacted as part of a settlement resolving earlier litigation involving the city and the plaintiff. The defendant, along with related entities, countered with claims for declaratory and injunctive relief and challenged the plaintiff’s standing to bring the suit. The property owner on whose land the disputed billboard was constructed also became a party to the litigation.The litigation began in the Chancery Court of Harrison County, which denied the defendants’ motion for summary judgment, specifically rejecting their standing argument. The defendants removed the case to federal court, which remanded it and awarded costs to the plaintiff. After the defendants’ interlocutory appeal was denied by the Supreme Court of Mississippi, the case was transferred to circuit court. There, the court again denied summary judgment, and further unsuccessful dispositive motions were filed by the defendants. Over several years, the case involved multiple motions, removal, transfer, and appeals, with no claims proceeding to trial. Eventually, after the defendants transferred their interest in the billboard to a third party who settled with the plaintiff, the plaintiff moved to dismiss the case with prejudice. The Circuit Court of Harrison County granted the motion and denied the defendants’ subsequent request for attorney’s fees and costs, finding that much of the litigation expense was due to the defendants’ own aggressive litigation strategies, and declined to impose sanctions, concluding the suit was not frivolous.The Supreme Court of Mississippi reviewed the appeal, focusing on whether the trial court erred in denying attorney’s fees and sanctions to the defendants. The court held that the decision to award attorney’s fees or impose sanctions was within the trial court’s discretion, and found no abuse of discretion in denying fees or sanctions, affirming the dismissal with prejudice. View "Busby v. The Lamar Company, LLC" on Justia Law