Justia Mississippi Supreme Court Opinion Summaries

Benardrick McKinney and Kasey Hamp’s son, K.M., was born out of wedlock while McKinney attended and played football for Mississippi State University. Hamp sought assistance to pay for K.M.’s support and expenses. The Mississippi Department of Human Services (DHS) became involved in her child-support request; DHS filed a complaint in Tunica County against McKinney to determine paternity and child support. A paternity test showed a 99.99% probability that McKinney was K.M.’s father. Based on that test, DHS returned to chancery court, and the chancellor entered a temporary order awarding Hamp $150 per month in child support. McKinney voluntarily increased his support obligation to $750 per month. In his junior year, McKinney was selected in the National Football League (NFL) draft, and signed a contract to play professional football for the Houston Texans. Hamp, individually, filed a complaint for child support, pointing out that McKinney’s income had increased substantially since DHS had filed its complaint. McKinney had signed a four-year, several-million-dollar NFL contract, which included a substantial signing bonus. McKinney answered the complaint and raised a counterclaim seeking custody of K.M. In his answer, McKinney argued that because DHS had already obtained a child-support award in another suit, Hamp failed to both state a claim and join a necessary party—DHS. Hamp petitioned to amend her complaint to name DHS as a party, but the chancellor denied her request. In consolidated appeals, the Mississippi Supreme Court found the chancellor properly included McKinney’s signing bonus as part of his gross income when crafting a child-support award. The Court also held that a chancellor’s order for prospective monthly child-support payments could not be stayed by a clerk-approved supersedeas bond under Mississippi Rule of Appellate Procedure 8(a). But until opinion, the Supreme Court had not addressed Rule 8(a)’s effect on prospective child support payments, so it was reasonable for the father to have relied on his attorney’s advice that the award was stayed. Thus, he should not have been held in contempt for nonpayment of the increased support award. View "McKinney v. Hamp" on Justia Law

Jackson HMA moved for summary judgment on Evelyn Harris’s medical negligence claims, arguing that Harris failed to present expert medical testimony in support thereof. The trial court denied the motion for summary judgment. Because Harris failed to present sworn expert medical testimony to support her claims, no genuine issue of material fact exists. This Court reverses the trial court’s judgment and renders judgment in favor of Jackson HMA. View "Jackson HMA, LLC v. Harris" on Justia Law

Jackson HMA moved for summary judgment on Evelyn Harris’s medical negligence claims, arguing that Harris failed to present expert medical testimony in support thereof. The trial court denied the motion for summary judgment. Because Harris failed to present sworn expert medical testimony to support her claims, no genuine issue of material fact exists. This Court reverses the trial court’s judgment and renders judgment in favor of Jackson HMA. View "Jackson HMA, LLC v. Harris" on Justia Law

The Jackson City Council passed an ordinance rezoning an approximately 0.3 acre parcel of property in the City limits. Ben Allen, individually and in his capacity as President of Downtown Jackson Partners, Inc., filed a bill of exceptions seeking reversal of the City Council’s decision to rezone the property. The circuit court reversed the Jackson City Council’s decision. The City appealed, challenging: (1) whether the trial court had jurisdiction to overrule the City Council’s decision because no signed bill of exceptions had been filed as required by Mississippi Code Section 11-51-75; (2) whether the trial court erred by refusing to dismiss the case for Allen’s lack of standing; and (2) whether the owner and lessor of the property were necessary parties to the appeal on the basis of basic due process requirements. After review, the Mississippi Supreme Court determined the City refused to comply with its ministerial duty to sign the bill of exceptions under Section 11-51-75. Despite the lack of a signature, the circuit court properly exercised jurisdiction. The circuit court took judicial notice of the City Council minutes and video of the City Council meeting. The record presented by the bill of exceptions and materials judicially noticed were sufficient for the circuit court’s review. The Supreme Court affirmed the circuit court’s order reversing the City Council’s decision because of a lack of a majority vote of a quorum under Section 21-8-11. The circuit court’s order finding Allen had standing to file a bill of exceptions in his capacity as President of Downtown Jackson Partners was also affirmed. Finally, the Supreme Court affirmed the circuit court’s finding that the property owner and lessor were not necessary and indispensable parties to the appeal. The City’s due process argument was not preserved in the circuit court, and even if it had been preserved, the City’s argument was without merit because it had no standing to assert the due process rights of the property owner and lessor. View "City of Jackson v. Allen" on Justia Law

Thomas Harris sought a reduction in the alimony award he paid to Susan Harris, due to the Social Security benefits she was receiving that were based on his income. After review of the applicable law in Mississippi and in other states, the Mississippi Supreme Court overruled Spalding v. Spalding, 691 So. 2d 435 (Miss. 1997), to the extent that it held an alimony reduction to be automatic for Social Security benefits derived from the alimony-paying spouse’s income. Further, the Court fully reversed the judgment of the Court of Appeals and remanded for the trial court to perform an analysis under Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993). View "Harris v. Harris" on Justia Law

The husband in this case divorced his wife and entered into a property-settlement agreement that strongly favored his wife and child. The chancellor approved and adopted the agreement and incorporated it as part of the final divorce judgment. After abiding by the judgment’s terms for two years, the husband moved the court to set it aside or modify it. As grounds, he alleged duress and his wife’s supposed coercive misconduct in their negotiating of what he deemed an unconscionable settlement. The chancellor denied the husband’s request, finding he simply had waited too long to challenge the judgment. Finding no error in the chancellor’s decision, the Mississippi Supreme Court affirmed. View "Smith v. Doe" on Justia Law

After Natchez Regional Medical Center (“NRMC”) filed for Chapter 9 bankruptcy, H. Kenneth Lefoldt, who had been appointed trustee for the NRMC Liquidation Trust, sued NRMC’s former directors and officers in the United States District Court for the Southern District of Mississippi, alleging breach of fiduciary duties of care, good faith, and loyalty. The directors and officers sought dismissal under Federal Rule of Civil Procedure 12(b)(6) and argued that they were immune under the Mississippi Tort Claims Act (“MTCA”). The district court agreed and granted dismissal to the directors and officers. Lefoldt appealed, and the Fifth Circuit certified questions of Mississippi Law to the Mississippi Supreme Court pertaining to the MTCA as the exclusive remedy for a bankruptcy trustee standing in the shoes of a public hospital corporation against the employees or directors of that public corporation. If indeed the MTCA was the exclusive remedy, then did the MTCA permit the trustee to pursue any claims against the officers and directors in their personal capacity? The Mississippi Supreme Court answered the first question in the negative: the MTCA did not furnish the exclusive remedy for the bankruptcy trustee. View "Lefoldt v. Rentfro" on Justia Law

The Board of Supervisors of Tunica County, Mississippi (the Board), ordered an ad valorem tax levy for fiscal year 2014-15 and increased the millage rate from the previous year. After entering the order, the Board advertised a public hearing of the proposed ad valorem tax levy in the Tunica Times. The hearing took place and various taxpayers appeared to voice objections and concerns. Aggrieved by the actions of the Board, one taxpayer, HWCC-Tunica, LLC (HWCC), which owned and operates Hollywood Casino-Tunica, filed a bill of exceptions with the Circuit Court of Tunica County and paid the taxes under protest. The trial court, finding that the failure of the Board to comply with statutory notice and public hearing requirements rendered the tax levy unlawful, ordered a refund. Finding no reversible error in that decision, the Mississippi Supreme Court affirmed. View "Tunica County Board of Supervisors v. HWCC-Tunica, LLC" on Justia Law

In a preceding case involving these parties, the Mississippi Supreme Court reversed the judgment of the special court of eminent domain, specifically finding plaintiffs Todd and Angela Kuhn were not entitled to condemn Cheryl High’s property for a private road. The statutory procedures governing eminent-domain actions permit a defendant like High to recover expenses, including attorney’s fees, when “the judgment be that the plaintiff is not entitled to a judgment condemning property[.]” Following the Court's mandate, High moved the special court for attorney's fees and expenses under Miss. Code Ann. 11-27-37 (Rev. 2004). The special court held Section 11-27-37 did not apply and denied High’s request. High again appealed to the Supreme Court. And once again, the Court reversed and remanded: the Kuhns clearly invoked the statutory procedures of the special court of eminent domain when they petitioned that court for the statutory right to condemn High’s property for a private road. Thus, Section 11-27-37 applied. Because the award of fees and expenses under Section 11-27-37 is discretionary, not mandatory, the case was remanded back to the special court of eminent domain to consider the merits of High’s motion and the reasonableness of her request for $25,990.58 in attorney’s fees and expenses, plus interest. View "High v. Kuhn" on Justia Law

This case arose from a trip-and-fall at a McDonald's in Winona, Mississippi: seventy-six-year-old John Renner, his wife, and two other family members stopped at a McDonald’s in Winona around 9:30 a.m. After he received his order, Renner set his food down at a table and walked to the condiment station. Before returning to his table, he thought one of the McDonald’s employees spoke to him. Renner turned and faced the counter before realizing the employee was speaking to another customer. As Renner turned back around to return to his table, his left foot struck a protruding leg of a highchair, causing him to fall and suffer injury to his face and left shoulder. After the fall, Renner heard one of the McDonald’s employees ask another what the highchair was doing there, and to move it. Two and a half years later, Renner filed suit against McDonald’s; Retzer Resources, Inc., the owner and operator of the Winona McDonald’s; and Velencia Hubbard, the manager of the Winona McDonald’s. During discovery, the defendants claimed that video footage of the fall no longer existed. The defendants, Hubbard and Retzer, moved for summary judgment, arguing that Renner could not demonstrate the existence of any genuine issue of material fact that: (1) the highchair was a dangerous condition; (2) any alleged danger was hidden; or (3) defendants had actual or constructive knowledge of the alleged dangerous condition. The circuit court granted summary judgment in favor of defendants. Renner appealed, arguing summary judgment was not proper because: (1) he established each element of a premises-liability claim; and (2) the defendants lost or destroyed key video evidence, which he argued foreclosed the grant of summary judgment. After review, the Mississippi Supreme Court concluded plaintiff established several triable issues of fact, and as a result, summary judgment was inappropriate. View "Renner v. Retzer Resources, Inc." on Justia Law