Justia Mississippi Supreme Court Opinion Summaries

Bobby Gibson filed a legal-malpractice action against Joe Montgomery and his law firm, Williams, Williams and Montgomery, P.A. (“WWM”), alleging wrongful conduct in connection with the administration of his late wife Debbie's estate. The trial court granted summary judgment to Montgomery and WWM. The Supreme Court reversed and remanded. Bobby timely filed his Notice of Appeal and raised four issues: 1) whether the doctrines of res judicata or collateral estoppel barred his claims, 2) whether judicial estoppel precluded his malpractice action, 3) whether the thirty-day period provided in Section 11-1-39 required dismissal, and 4) whether there remains a genuine issue of material fact as to the elements of his legal-malpractice and fiduciary-duty claims. After review, the Supreme Court concluded: Bobby's claims were not precluded by the doctrines of res judicata and collateral estoppel; judicial estoppel did not preclude Bobby's legal-malpractice action; there was no merit to Montgomery's Section 11-1-39 argument; and there remained a genuine issue of material fact as to whether an attorney-client relationship existed. View "Gibson v. Williams, Williams & Montgomery, P.A." on Justia Law

A female corrections officer in a juvenile-detention facility in Lee County was fired for refusing to wear the proper uniform. After she filed for unemployment benefits, the Mississippi Department of Employment Security (MDES) Administrative Law Judge (ALJ) found in her favor and awarded her benefits, and the MDES Board of Review affirmed. But the circuit court reversed the Board of Review on appeal. After review, the Supreme Court found that Finnie did not commit misconduct as Mississippi law defined it, so it reversed the circuit court’s judgment and reinstated the Board of Review’s decision. View "Finnie v. Lee County Board of Supervisors" on Justia Law

The Mississippi Department of Revenue (MDOR) audited Hotel and Restaurant Supply (Hotel) and concluded that Hotel owed hundreds of thousands of dollars in underpaid sales tax. Hotel appealed the assessment to MDOR’s Board of Review, which upheld the assessment but reduced the amount owed. Hotel appealed to the Mississippi Board of Tax Appeals (MBTA), and MBTA abated the assessment in full. MDOR appealed MBTA’s decision; both parties filed motions for summary judgment, and the chancery court granted Hotel’s motion. MDOR appealed the chancery court’s decision to grant Hotel’s motion for summary judgment. The Supreme Court found no reversible error and affirmed the chancery court’s grant of Hotel’s motion for summary judgment. View "Mississippi Department of Revenue v. Hotel & Restaurant Supply" on Justia Law

Marcus and Patricia Byrd’s home, in The Timbers of Crossgates subdivision in Brandon, was managed by Ridgway, Lane & Associates (Ridgway). The Byrds claimed that mold began growing inside the home when Ridgway and the Timbers Homeowners’ Association (HOA) failed to repair a leak in the dining room ceiling, that the influx of water damaged the home and property inside, and that Marcus Byrd developed breathing problems as a result of mold exposure. Both Ridgway and the HOA filed motions for summary judgment asserting that the statute of limitations had expired. The trial court granted the defendants’ motions with regard to the property damage claims but denied their motions respecting the personal injury claims. The Mississippi Supreme Court granted Ridgway and the HOA leave to file an interlocutory appeal. Because no assignment of error regarding the Byrds’ property damage claims was raised on appeal, the Court affirmed the trial court's grant of summary judgment with regard to those claims. Finding that a genuine issue of material fact existed regarding the time at which Marcus Byrd knew or by reasonable diligence should have known of his illness, the Court affirmed the denial of summary judgment and remanded this case for trial. View "Ridgway Lane & Associates, Inc. v. Watson" on Justia Law

Cook Timber Company sued Georgia Pacific Corporation, claiming breach of contract and antitrust violations, both unilaterally and through a conspiracy with other market participants. The circuit judge granted Georgia Pacific a directed verdict on Cook Timber’s conspiracy and breach-of-contract claims, but the jury returned a verdict for Cook Timber on its unilateral antitrust claim. The Supreme Court reversed in part and remanded. Because Cook Timber failed to present sufficient evidence to support its unilateral antitrust claims, the jury’s verdict on that claim was reversed. Further, the Court reversed the directed verdict on Cook Timber’s breach-of-contract claim. The Court affirmed the circuit judge’s decision to grant Georgia Pacific a directed verdict on the conspiracy claim. View "Georgia Pacific Corporation v. Cook Timber Company, Inc." on Justia Law

While attending Auburn University on a full football scholarship, Austin Ramsey permanently injured his back in the university’s weight room in Auburn, Alabama. Ramsey filed suit in the Circuit Court of Madison County, Mississippi, against Auburn University and Kevin Yoxall, Auburn’s head strength and conditioning coach. Both defendants filed motions to dismiss, arguing that venue was improper in Mississippi. The circuit court found that there were no facts creating venue in Madison County and dismissed Ramsey’s complaint without prejudice. Finding no error in that judgment, the Mississippi Supreme Court affirmed. View "Ramsey v. Auburn University" on Justia Law

In July 2006, John Blakeney and his wife Wanda were arrested for the murders of Willie Earl and Anita Kitchens, Wanda’s biological grandparents and legal parents. John confessed to the murders when he was arrested. John, Wanda, and their minor children A.B. and C.B. lived with Willie Earl and Anita at the time of the murders. According to John’s confession, Wanda decided to kill Willie Earl and Anita after getting into a dispute with them over money she owed them. Since John’s and Wanda’s arrests, A.B. and C.B. lived with Carolyn McRee and her husband Don McRee. Carolyn McRee was Wanda’s biological mother and Willie Earl’s and Anita’s biological daughter. John and Wanda had not seen their children since their arrests. John appealed a Chancery Court decision to grant Don and Carolyn McRee’s petition to adopt his minor children and terminating his parental rights. Finding no reversible error, the Supreme Court affirmed. View "Blakeney v. McRee" on Justia Law

Dr. Willie Wilson timely submitted his petition and qualification papers to the Mississippi State Democratic Executive Committee (the “Party”), to run for President in the 2016 Democratic primary. The Party rejected Dr. Wilson’s petition but later reconsidered and requested the Mississippi Secretary of State to place Dr. Wilson’s name on the primary ballot. But, because absentee and overseas military voting had already begun, the Secretary of State refused. The Circuit Court of Hinds County refused to grant Dr. Wilson an injunction and he appealed. Under the particular facts and circumstances of this case, the Supreme Court found that Dr. Wilson’s due process rights were violated, so the Court reversed and remanded for further proceedings. View "Wilson v. Hosemann" on Justia Law

A collection company, acting on behalf of a hospital, sued John Brown. The lawsuit stemmed from Brown’s nonpayment for medical services. Though Brown initially answered, claiming entitlement to a set-off, he later tried to amend his answer to add a recoupment defense aimed at whittling down his amount owed. The county court judge denied the amendment, but certified the judgment as final and appealable under Mississippi Rule of Civil Procedure 54(b). But instead of seeking the intended review by the Mississippi Supreme Court, Brown chose to file his appeal with the circuit court, which affirmed the county court judgment and also entered a Rule 54(b) certification. After review, the Mississippi Supreme Court found several "jurisdictional snags" with Brown’s case: (1) the county court’s judgment did not decide a “claim” between two parties, thereby making its Rule 54(b) certification invalid; (2) recoupment was a defense under Mississippi law inappropriate for final-judgment entries under Rule 54(b); and (3) appeals from interlocutory judgments of a county court must be filed with the Supreme Court, not the circuit court. Because the Mississippi Supreme Court lacked a final, appealable judgment and an improper interlocutory appeal, the Court dismissed for lack of jurisdiction. View "Brown v. Collections, Inc." on Justia Law

A grand jury indicted Dewayne Graham on kidnapping, forcible rape, and sexual battery charges. The trial court reset the trial date five times over the next sixteen months. After a two-day trial, the jury returned a guilty verdict and the trial court sentenced him to thirty years' imprisonment as a habitual offender. Graham raised four issues on appeal, but finding no merit to any, the Mississippi Supreme Court affirmed. View "Graham v. Mississippi" on Justia Law