Justia Mississippi Supreme Court Opinion Summaries

Kimberlyn Seals and her counsels of record, Felecia Perkins, Jessica Ayers, and Derek D. Hopson, Sr., appealed a chancery court's: (1) Contempt Order entered on April 8, 2020; (2) the Temporary Order entered on April 28, 2020; (3) the Jurisdictional Final Judgment entered on June 16, 2020; (4) the Final Judgment on Motion for Findings of Fact and Conclusions of Law entered on June 18, 2020; and (5) the Amended Final Judgment entered on June 18, 2020. Seals argued the chancellor lacked jurisdiction and erroneously found them to be in contempt of court. These orders arose out of a paternity suit filed by the father of Seals' child, born 2017. A hearing was set for April 7, 2020, but Seals sought a continuance. The motion was deemed untimely, and that the court expected Seals and her counsel to appear at the April 7 hearing. When Seals and her counsel failed to appear, the court entered the contempt orders at issue before the Mississippi Supreme Court. The Supreme Court: (1) affirmed the chancellor’s finding that Perkins and Ayers were in direct criminal contempt for their failure to appear at a scheduled April 7 hearing; (2) vacated the $3,000 sanction because it exceeded the penalties prescribed by statute; (3) affirmed the award of attorneys’ fees to opposing counsel; (4) found the chancellor erred in finding Hopson to be in direct criminal contempt for failing to appear - "Constructive criminal contempt charges require procedural safeguards of notice and a hearing;" and (5) found the chancellor erroneously found the attorneys to be in direct criminal contempt for violation of the September 2019 Temporary Order. "If proved, such acts are civil contempt." The matter was remanded for a determination of whether an indirect civil contempt proceeding should be commenced. View "Seals, et al. v. Stanton" on Justia Law

Kimberlyn Seals and her counsels of record, Felecia Perkins, Jessica Ayers, and Derek D. Hopson, Sr., appealed a Chancery Court’s contempt order entered on April 8, 2020, the Temporary Order entered on April 28, 2020, the Jurisdictional Final Judgment entered on June 16, 2020, the Final Judgment on Motion for Findings of Fact and Conclusions of Law entered on June 18, 2020, and the Amended Final Judgment entered on June 18, 2020. Seals argued the chancellor lacked jurisdiction and erroneously found them to be in contempt of court. The Mississippi Supreme Court affirmed in part, and reversed in part. The Court found the Chancery Court had jurisdiction, and: (1) Perkins and Ayers were in direct criminal contempt for their failure to appear at a scheduled April 7 hearing; (2) the $3,000 sanction was vacated because it exceeded the penalties prescribed by statute; (3) the chancellor erred by finding Hopson to be in direct criminal contempt for his failure to appear because his failure to appear was constructive criminal contempt that required notice and a hearing; (4) the chancellor erroneously found the attorneys to be in direct criminal contempt for violation of the September 2019 Temporary Order: if proved, such acts were civil contempt. View "Seals, et al. v. Stanton" on Justia Law

While driving a forklift at work, Lori Chandler was hit by another forklift and injured. She retained Turner & Associates to file a workers’ compensation claim. But Turner & Associates failed to file her claim within the statute of limitations. Adding to that, the firm’s case manager engaged in a year-and-a-half-long cover-up, which included false assurances of settlement negotiations, fake settlement offers, and a forged settlement letter purporting to be from Chandler’s former employer. Because of this professional negligence, Chandler filed a legal malpractice action. The only issue at trial was damages. The trial judge, sitting as fact-finder, concluded that Chandler had suffered a compensable work-related injury—an injury that caused her to lose her job and left her unemployed for nearly two years. Based on her hourly wage, the trial judge determined, had Turner & Associates timely filed Chandler’s workers’ compensation claim, Chandler could have reasonably recovered $50,000 in disability benefits. So the trial judge awarded her $50,000 in compensatory damages. The trial judge also awarded Chandler $100,000 in punitive damages against the case manager due to her egregious conduct. The Court of Appeals affirmed the punitive-damages award. But the court reversed and remanded the compensatory-damages award. Essentially, the Court of Appeals held that Chandler had failed to present sufficient medical evidence to support a $50,000 workers’ compensation claim. The Mississippi Supreme Court reversed the appellate court: "Were this a workers’ compensation case, we might agree with the Court of Appeals. But this is a legal malpractice case. And part of what Chandler lost, due to attorney negligence, was her ability to prove her work-related injury led to her temporary total disability. ... the Court of Appeals erred by applying exacting statutory requirements for a workers’ compensation claim to Chandler’s common-law legal malpractice claim." The Court reversed on the issue of compensatory damages and reinstated the trial judge’s $50,000 compensatory-damages award. Because this was the only issue for which Chandler sought certiorari review, it affirmed the remainder of the Court of Appeals’ decision, which affirmed the punitive-damages award but reversed and remanded the grant of partial summary judgment against attorney Angela Lairy in her individual capacity. View "Turner & Associates, PLLC, et al. v. Chandler" on Justia Law

Charles McRae and the McRae Law Firm, PLLC, filed a notice of appeal of a non-final judgment. The Mississippi Supreme Court entered an order that treated the notice of appeal as a petition for an interlocutory appeal, granted the petition, and stayed the proceedings at the trial court. Mississippi appellate rules provided that a petition for an interlocutory appeal had to be filed “within 21 days after the entry of such order in the trial court . . . .” The time for taking an appeal under Rule 5 may not be extended. Because McRae filed the petition for an interlocutory appeal more than twenty-one days after the entry of the order from which he sought an appeal, the petition for an interlocutory appeal was untimely. Therefore, the Supreme Court lacked jurisdiction over the appeal and, accordingly, it was dismissed. View "McRae v. Mitchell" on Justia Law

After losing their bids for the November 2019 elections for Quitman County Chancery and Circuit Clerk, Shirley Smith Taylor and Tea “Windless” Keeler, respectively, filed election contests. In July 2020, following a two-day trial of the consolidated contests, the court entered its Findings of Fact and Conclusions of Law, dismissing the election contests with prejudice and finding that six enumerated claims brought by Taylor and Keeler were frivolous.Further, the court denied Brenda Wiggs’s and T.H. “Butch” Scipper’s requests that Taylor and Keeler be sanctioned, and that Wiggs and Scipper be awarded attorneys’ fees under Mississippi Rule of Civil Procedure 11(b) and the Litigation Accountability Act of 1988 (LAA). The Mississippi Supreme Court affirmed in part the circuit court’s denial of an award of attorneys’ fees under Rule 11(b) since the court’s decision was not an abuse of discretion. The Supreme Court reversed and remanded in part the circuit court’s decision to deny the imposition of sanctions and award of attorneys’ fees under the LAA in light of its finding that six of Taylor’s and Keeler’s claims were frivolous. View "In Re: Contest of the November 5, 2019 General Election for the Chancery Clerk of Quitman, Mississippi" on Justia Law

Judge Mark Watts of Jackson County, Mississippi acknowledged he made appearances or filed motions in nine cases in Jackson County Chancery Court more than six months after assuming office. He joined in the Mississippi Commission on Judicial Performance’s motion recommending a public reprimand and a fine of $2,500. To this, the Mississippi Supreme Court agreed and granted the Commission’s recommendation. View "Mississippi Commission on Judicial Performance v. Watts" on Justia Law

This case arose from a two-car accident in Mississippi in which a Hyundai Excel was traveling southbound at a closing speed of 68 to 78 mph and, for reasons unknown, crossed the center line into the oncoming lane of traffic, striking a Lincoln Continental passenger car traveling northbound. None of the three Excel occupants survived the collision. This case made it to the Mississippi Supreme Court after an earlier appeal and remand for a new trial. During the remand proceedings, multiple discovery disputes ensued before the trial court ultimately held two 606(b) hearings on October 30, 2018, and January 23, 2019 (nearly four years after the trial court’s original denial of relief). The trial court expressly found that one of Applewhite’s counsel, Dennis Sweet, III, misrepresented his relationship with a witness, Carey Sparks, during the April 2015 hearing. It was not until a January 25, 2018 hearing, that Sweet admitted that he had paid Sparks to perform services during the Applewhite trial. This admission was made only after documents evidencing multiple payments to Sparks by Sweet surfaced in the discovery ordered by the Supreme Court. During discovery, multiple witnesses, including six attorneys, testified that Sparks stated that he had knowledge of discussions of the jurors during the trial. Following the 606(b) hearings, the trial court issued a one-paragraph order, finding that the posttrial testimony of the jurors offered no evidence supporting Defendants’ allegations. Reviewing the trial court proceedings, the Mississippi Supreme Court concluded "a fair and impartial trial was not had." The Court found "overwhelming evidence of actual impropriety, which destroys any confidence in the jury verdict. The facts developed in this record threaten the public’s confidence in our system of justice. We find that this case is permeated by actual deception upon the trial court, which led to Plaintiffs’ obtaining a favorable ruling. Such improper acts of misconduct leave a indelible stain on these proceedings. We are loathe to overturn jury verdicts, yet justice dictates a reversal and a retrial, unencumbered by extraneous assaults on our justice system. We considered the ultimate sanction of dismissal of this case with prejudice. We decline to impose such a severe sanction, for no evidence suggests that any Plaintiff employed Sparks or had knowledge of Sparks’s actions. But the judgment must be reversed." This case was remanded for a new trial. View "Hyundai Motor America, et al. v. Applewhite, et al." on Justia Law

Linda Battise was the mother of Joseph Aucoin, deceased. Joseph and Sheila Aucoin were married and had two daughters. After Joseph’s death, Sheila began restricting Linda’s visitation with the children because Linda was not abiding by Sheila’s parental decisions. Through counsel, Linda petitioned for grandparent visitation. The chancellor encouraged the parties to confer because Sheila made some statements showing that they could come to a visitation agreement without court involvement. Linda and Sheila reached an agreement; however, the chancellor declined to sign the agreed order. The chancellor advised Sheila to retain an attorney because she did not believe that Sheila fully understood the implications of the agreement. Furthermore, the chancellor told Sheila that she was entitled to attorney’s fees. Shiela hired an attorney, and filed a motion to dismiss or stay proceedings until fees were paid in advance. The chancellor denied Linda’s motion to recuse, and ordered Linda to pay $3,500 to Sheila for attorney’s fees within thirty days or else she could not proceed with her case. Linda appealed, arguing that: (1) the chancellor erred by requiring her to prepay attorney’s fees to Sheila before Linda’s case could be heard; (2) the chancellor erred by not entering a final judgment; and (3) the chancellor erred by not recusing. After review, the Mississippi Supreme Court affirmed the chancellor's denial of the motion to recuse. The Court reversed the prepayment order, and remanded for further proceedings on the merits. View "Battise v. Aucoin" on Justia Law

In 2016, an unidentified driver struck a flagpole owned by 100 Renaissance, LLC, causing $2,134 in damage. Renaissance filed a claim with its insurance company, Travelers Property Casualty Company of America. Renaissance sought coverage under its automobile liability-insurance policy, which included uninsured-motorist(UM) coverage. Travelers denied the claim, determining there was no coverage under the UM policy because the flagpole was not a covered "auto." Renaissance's attorney sent an email to Travelers' claims handler, setting forth the Renaissance's legal arguments as to why coverage should be afforded under Mississippi's UM statute. The claims handler forwarded the email to Travelers' in-house counsel. When the claim was still denied, Renaissance filed suit on a bad-faith failure-to-pay theory. Renaissance took the claim handler's deposition, and asked her to explain the reasons Travelers denied the claim. In an effort to resolve the matter, Travelers paid the full amount for damage to the flagpole. Renaissance, however, continued to litigate its bad-faith claim. Travelers moved for summary judgment. Renaissance responded by asking for a continuance to conduct additional discovery. The additional discovery Renaissance claimed it needed was a production of the emails between the claims handler and the in-house counsel. The trial court granted the request for Travelers to produce the emails for in camera review. After that review, the trial court found that “Travelers ha[d] waived the attorney-client privilege as it relates to attorney Jim Harris.” The trial court ordered Travelers to produce the emails and to produce Harris (in-house counsel) for a deposition. Travelers filed a petition for interlocutory appeal, which the Mississippi Supreme Court granted. The Supreme Court did not disagree with the trial court's determination that the privilege was waived, and affirmed its judgment. View "Travelers Property Casualty Company of America v. 100 Renaissance, LLC" on Justia Law

Following an investigation, the Mississippi Commission on Judicial Performance determined that Copiah County Justice Court Judge Teresa Bozeman had violated Canons 1, 2A, 2B, 3B(2), 3B(7), and 3C(1) of the Code of Judicial Conduct as well as Mississippi Code Section 9-11-9 (Rev. 2019). During her tenure on the bench, Judge Bozeman’s conduct resulted in violations of the Code of Judicial Conduct and Mississippi Code Section 9-11-9. Specifically, Judge Bozeman (1) initiated improper ex parte communications to investigate a pending civil matter, (2) failed to comply with the statutory limitations of money judgments in justice court, and (3) retaliated against a complainant who filed a complaint with the Commission. The Commission found that Judge Bozeman’s conduct constituted willful misconduct in office and conduct prejudicial to the administration of justice that brought the judicial office into disrepute, actionable under article 6, section 177A, of the Mississippi Constitution. The Commission recommended that Judge Bozeman be suspended from office without pay for thirty days, be publicly reprimanded, and be fined $1,000. After review, the Mississippi Supreme Court found the agreed recommendation was appropriate and commensurate with similar cases of misconduct. Thus, the joint motion was granted, and Judge Bozeman was suspended from office without pay for thirty days, was publicly reprimanded, and fined $1,000. View "Mississippi Comm'n on Judicial Perf. v. Bozeman" on Justia Law