Justia Mississippi Supreme Court Opinion Summaries

Amanda Copeland appealed the termination of Gary Copeland’s child-support obligation to his two minor children. After their divorce, Gary and Amanda were awarded joint legal custody of their minor children, with physical custody awarded to Amanda and visitation awarded to Gary. Gary subsequently filed a Petition for Citation of Contempt and For Modification and a Motion for Temporary Relief. During the trial on Gary’s petition and motion, his seventeen-year-old daughter and thirteen-year-old son testified. The chancellor found they no longer loved their father and they wished to terminate any relationship with him. Each child acknowledged sending hateful emails and texts, which included expressed desires either to kill their father or see him dead. The numerous text messages and emails admitted into evidence were filled with vitriolic invectives, expressing deep-seated anger, resentment, and ill-will not only toward their father, but also toward his parents and sister. The court determined that the conduct of the children was so egregious that was appropriate to terminate the support obligation. The issues presented for the Mississippi Supreme Court’s review were: (1) whether the chancellor manifestly wrong in granting relief that was not requested; (2) did the children’s animosity toward their father exist at the time of the divorce; and (3) was the chancellor’s decision supported by the evidence. The Supreme Court found the chancellor did not abuse his discretion, was not manifestly wrong or clearly erroneous, and did not apply an erroneous legal standard. The chancellor’s findings of fact were supported by substantial and credible evidence. View "Copeland v. Copeland" on Justia Law

The Mississippi Workers’ Compensation Group Self-Insurer Guaranty Association (“Guaranty Association”) was ordered by the Mississippi Workers’ Compensation Commission (“Commission”) to assess former members of the Mississippi Comp Choice Workers’ Compensation Self-Insurers Fund (“Comp Choice”). In 2010, the Commission found that “a careful evaluation of the remaining assets and outstanding claims unfortunately shows an insufficient amount of Comp Choice assets to cover the projected claim payout.” The Commission ordered an assessment of the former members of Comp Choice for the last four years showing losses. The former members did not pay their assessments, and the Guaranty Association sued. The former members of Comp Choice filed a motion to dismiss, arguing that the Guaranty Association ignored their right of appeal and that the action was not ripe for consideration, was improper, and/or was premature and should be dismissed. The Circuit Court denied Comp Choice’s motion to dismiss, and ultimately ruled against the former members. Finding no reversible error in the judgment, the Mississippi Supreme Court affirmed. View "Scott Penn, Inc. v. Mississippi Workers' Compensation Group Self-Insurer Guaranty Association" on Justia Law

As Greg Peters and Mike Williams were attempting to position Peters’ fishing boat on its trailer, the winch handle recoiled, struck, and seriously injured Williams. Peters, who owned the truck, the trailer, and the boat, had two liability insurance policies covering bodily injury: his truck and trailer were insured by Allstate Property and Casualty Insurance Company (Allstate) and his boat was insured by Continental Casualty Company (Continental). Ultimately, the insurers settled with Williams for $460,000, each paying $230,000 toward the total settlement. Prior to settlement, however, the insurers had not agreed on apportionment. Continental sought a declaratory judgment that it was indemnified by Allstate based on its apportionment theory and also reimbursement for the defense costs it had incurred investigating the claim. Allstate moved to dismiss, seeking indemnity from Allstate based on its own apportionment theory and also sanctions against Continental for having made its defense costs and expenses claim. The circuit court treated the motion to dismiss as a motion for partial summary judgment and granted summary judgment in Allstate’s favor, but declined to award sanctions. Allstate then moved for summary judgment on Continental’s remaining indemnity claim, which the circuit court granted. Continental appealed the grant of summary judgment on its indemnity claim. Allstate cross-appealed the denial of sanctions. As to Continental’s indemnity claim, the Mississippi Supreme Court reversed summary judgment to Allstate and rendered judgment in favor of Continental. As to Continental’s claim of entitlement to defense costs, the Court affirmed summary judgment for Allstate. The Court affirmed the denial of sanctions. View "Continental Casualty Co. v. Allstate Property & Casualty Ins. Co." on Justia Law

The circuit court ruled Enoch Oliver could proceed to trial with his malicious-prosecution claim against University of Mississippi Medical Center (UMMC) and two of its law-enforcement officers, Syrone McBeath and David Stewart. Oliver was charged with three misdemeanors: disorderly conduct for failure to comply with the commands of a police officer, resisting arrest, and carrying a concealed weapon. A nol-pros order was signed by the trial court and charges were ultimately dropped against Oliver. Oliver sued civilly, and UMMC, McBeath, and Stewart were served with process; several other officers were not. UMMC, McBeath, and Stewart filed a motion to dismiss, which was joined by the unserved defendants, who specially appeared. The served defendants argued Oliver’s claims were governed by the Mississippi Tort Claims Act (MTCA) and its one-year statute of limitations. The lone exception was the malicious prosecution of the felony claim, because the one-year statute of limitations did not begin to run until that charge was nol-prossed. The unserved defendants’ motion was granted, leaving the remaining claim against the served defendants as the malicious-prosecution claim based on the felony charge. Three-and-a-half years later, UMMC, McBeath, and Stewart filed a motion for summary judgment. UMMC argued, as a state agency, it had not waived sovereign immunity for a malice-based claim; McBeath and Stewart argued Oliver lacked proof they maliciously prosecuted him. Alternatively, all defendants cited the MTCA’s police-protection and discretionary-function immunity. The circuit court denied the defendants’ motion. UMMC, McBeath, and Stewart filed this interlocutory appeal, claiming they were entitled to summary judgment. The Mississippi Supreme Court determined as a matter of law, malice-based torts did not fall under the Mississippi Tort Claims Act’s sovereign-immunity waiver. So Oliver had no malicious-prosecution claim against UMMC or its employees in their official capacity. Oliver also brought malicious-prosecution claims against the UMMC officers in their individual capacity, but the record showed Oliver failed to put forth any evidence the officers acted with malice or lacked probable cause. The Court thus reversed the circuit court’s denial of summary judgment and rendered a final judgment in defendants’ favor. View "University of Mississippi Medical Center v. Oliver" on Justia Law

Jimmy Kinard died in 2012. In 2014, Teresa Hamlet, Kinard’s sister, filed suit against Graceland Care Center of New Albany, LLC; Advanced Healthcare Management, Inc.; Karen Clayton, in her official capacity as administrator of Graceland Care Center of New Albany; W. Larry Overstreet; Sharon Windham; and John Does 1-10, jointly and individually (collectively referred to as “Graceland”). Hamlet alleged that Graceland’s negligence was the proximate cause of Kinard’s death. Hamlet filed a motion for an extension of time to serve process, prior to the expiration of a 120-day deadline provided by Mississippi Rule of Civil Procedure 4(h). The trial judge granted the motion and signed an order, yet the order was not filed with the circuit clerk until the day before the granted extension expired, well after the expiration of the original, 120-day deadline. Hamlet served process on three defendants during the extension. On the same day the order was filed, Hamlet filed a second motion for time, which the trial court also granted. While Hamlet served process on the remaining defendants within the second extension period, the order granting the second extension was not filed with the clerk until three months after it was signed by the judge. The defendants filed a motion to dismiss Hamlet’s complaint, arguing that the statute of limitations had run before the court’s order granting additional time to serve process had been entered by the clerk of court. The defendants further argued that Hamlet’s suit could not be revived by the untimely filed order. The trial court denied the defendants’ motion to dismiss. Because Hamlet was the only party to the action, the Mississippi Supreme Court found the trial judge’s order granting her motion for extension of time to serve process became effective once the order had been signed and had left the trial judge’s control. Accordingly, it affirmed the trial court. However, in cases where more than one party is involved, notice becomes essential. Therefore, in cases involving multiple parties, the Court adopted the holding of the majority of states that required the entry of an interlocutory order before it becomes effective. View "Graceland Care Center of New Albany, LLC v. Hamlet" on Justia Law

The Chancery Court found that Ronald Lampkin had breached his fiduciary duties to Limestone Products, Inc. (“Limestone”). Lampkin and James Oldrum Smith Jr. jointly owned and operated Limestone with a line of credit they each personally guaranteed. Upon Smith’s death and his estate’s refusal to guarantee the line of credit, Lampkin formed Delta Stone, a new corporation which operated on the same property, used the same facilities, and sold rock to the same clients to whom Limestone had sold. Lampkin sought a declaratory judgment against the estate that he was not violating his fiduciary duties to Limestone. The executors of the estate counterclaimed for lost profits and attorney’s fees. At the liability stage of the bifurcated trial, the chancellor determined that Lampkin had breached his fiduciary duty to Limestone by usurping a corporate opportunity. In the damages stage of the trial, the chancellor considered expert testimony, awarded damages, and denied the executors’ request for attorney’s fees, expert-witness fees, and punitive damages. The executors appealed and the Court of Appeals affirmed. The Mississippi Supreme Court reversed the Court of Appeals and found that the chancellor had abused his discretion in calculating the damages award. The Supreme Court remanded for the chancellor to re-evaluate damages. On remand, the chancellor reassessed the damages due to Limestone as a result of Lampkin’s breach of his fiduciary duties. The executors appeal again. After review, the Supreme Court affirmed the chancellor’s judgment on every issue except for the calculation of lost assets. Concerning the calculation of lost assets, it reversed and rendered judgment for $64,363.50. View "Lane v. Lampkin" on Justia Law

A patron of the Baptist Healthplex in Clinton, Mississippi, slipped, fell, and suffered injuries when stepping into the Healthplex therapy pool. He sued, alleging, inter alia, that the Healthplex had failed to maintain its premises in a reasonably safe condition. The Circuit Court granted summary judgment to Baptist, and the Mississippi Court of Appeals affirmed. Finding that genuine issues of material fact exist, the Mississippi Supreme Court reversed and remanded. View "Vivians v. Baptist HealthPlex" on Justia Law

Laser Line Construction Company, LLC,(“Laser Line”) purchased statutory workers’ compensation insurance coverage from the Builders and Contractors Association of Mississippi (“BCAM”) Self Insurers’ Fund. Because Laser Line was a general contractor, BCAM sought premium payments for all employees of Laser Line’s subcontractors who did not independently secure workers’ compensation coverage. Laser Line refused to pay premiums for employees of subcontractors who had fewer than five employees and claimed they were thus exempt from the coverage requirement. BCAM canceled Laser Line’s coverage for nonpayment. Laser Line filed suit for damages and a declaratory judgment. The defendants answered, and BCAM separately filed a counterclaim. The parties filed competing summary judgment motions. The trial court granted Laser Line a partial summary judgment on the statutory interpretation issue. BCAM sought and was granted permission to file an interlocutory appeal. Mississippi Code Section 71-3-7 required general contractors secure workers’ compensation coverage for the employees of its uninsured subcontractors; the Mississippi Supreme Court found consistent with the unambiguous language of the statute and its own prior opinions, the number of employees of the subcontractor was not a factor in determining general-contractor liability under the Act. Thus, the trial judge’s contrary ruling was in error. View "Builders & Contractors Association of Mississippi, v. Laser Line Construction Company, LLC" on Justia Law

Rodney Fulgham argued that the trial judge erred by denying his motion to dismiss as suit brought by plaintiff, Clara Jackson. Fulgham contended Jackson failed to show good cause justifying a second enlargement of time to serve process. Finding no error with the trial judge determined as “good cause” for the enlargements of time, the Mississippi Supreme Court affirmed denial of Fulgham’s motion to dismiss. View "Fulgham v. Jackson" on Justia Law

The Mississippi Public Service Commission (MPSC) adopted a rule requiring utilities to waive utility deposits for certified domestic violence victims for a period of sixty days. The rule also required the utilities to keep the information regarding the domestic violence victims confidential and established penalties for violating that confidentiality. The Mississippi Rural Water Association, Inc. (“Water Association”) appealed, objecting to the promulgation of the new rule, but the chancery court affirmed the MPSC’s decision. The Mississippi Supreme Court found the MPSC lacked statutory authority to adopt any rule regulating the rates of nonprofit water utility associations and corporations. Accordingly, the Court reversed the order adopting the new rule and remanded this case to the MPSC for further proceedings. View "Mississippi Rural Water Association, Inc. v. Mississippi Public Service Comm'n" on Justia Law