Justia Mississippi Supreme Court Opinion Summaries

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

White Hall on MS River, LLC began with an informal gentleman’s agreement in which there would be five initial contributors each putting up $500,000 with which to purchase land from International Paper. All of the parties were aware that the price per acre would increase substantially if the sale did not take place on or before December 31, 2007. Based on assurances from Dennis Kilpatrick and Murray Moran, the sale did take place. Those assurances were that their remaining funds would be payable after the new year. Due to the fact that there was only $2 million available at closing, the interest rate at which the purchase could be made was substantially increased, and the entire acreage sought by White Hall would be encumbered by deeds of trust, making no collateral available, and making the ability to use the timber on the land unavailable. In the end, only three of the men executed the agreement: Dominick Cvitanovich, Jackie Richards, and James McBeth. The signature page provided signature lines only for the three of them. The Agreement stated that “Establishment of a Membership has been defined as a cash contribution of Five Hundred Thousand dollars ($500,000.00) for a membership interest of two (2) shares.” Exhibit A, attached to the operating agreement, showed the capital contributions by all five men. Cvitanovich, Richards, and McBeth each had contributed $500,000. The alleged ambiguity of White Hall’s membership requirements arose because, while the Agreement stated that a $500,000 capital contribution must made to become a member of White Hall, it also stated that “‘Members’ means the persons listed on attached Exhibit A.” Exhibit A included Kilpatrick, though it also showed that he possessed “0” ownership shares. The Agreement provided no procedure for including a person who failed to make the initial $500,000 contribution. Kilpatrick eventually sued White Hall to get his capital contribution refunded. The Chancery Court issued a final judgment in favor of White Hall, finding that Kilpatrick was not a member of White Hall and that Kilpatrick was not entitled to the recovery of his capital contribution. Finding no error in the Chancery Court's order, the Supreme Court affirmed. View "Kilpatrick v. White Hall on MS River, LLC" on Justia Law

Thomas Tubbs was indicted, tried, and found guilty by jury of molestation and sentenced by the trial judge to fifteen years’ imprisonment. Tubbs argued on appeal of that conviction that the trial court erred in admitting the child-victim’s testimony as well as a hearsay statement made by the victim to her grandmother. Tubbs also argued certain evidence should have been excluded due to a break in the chain of custody. Finding no error, the Supreme Court affirmed Tubbs’s conviction and sentence. View "Tubbs v. Mississippi" on Justia Law

The Mississippi Transportation Commission (MTC) filed a complaint to condemn 11.5 acres of highway frontage property owned by United Assets, LLC, leaving United Assets with 12.02 acres. After a trial in the Forrest County Special Court of Eminent Domain, a jury awarded United Assets $1,620,060.66 as just compensation for the taking. MTC appealed, arguing that the trial court erred when it allowed United Assets’ appraiser to testify to the value of the remaining property without supporting market data, and when it denied its motion for judgment notwithstanding the verdict (JNOV) and/or a new trial. Upon review, the Supreme Court found that MTC’s failure to object contemporaneously to the admission of the appraiser’s testimony waived the issue, and therefore affirmed. View "Mississippi Transportation Commission v. United Assets, LLC" on Justia Law

Khambraya Stanley and Jeanette Winchester were purchasing fuel at a gas station owned and operated by Scott Petroleum when they were struck from behind by an out-of-control car. They asserted that Scott Petroleum required its patrons to stand in an unreasonably dangerous spot and that, even though it had erected iron and concrete bollards (posts) around the store, gas pump, and a power pole, it had placed neither barriers nor a curb around the walk-up window. Scott Petroleum had posted a sign on the side of the side of the store that said: “CAUTION! BE SAFE AND ALERT. WATCH OUT FOR MOVING VEHICLES.” With only written discovery completed, Scott Petroleum filed a motion for summary judgment. The plaintiffs opposed the motion and alternatively requested a continuance under Rule 56(f) of the Mississippi Rules of Civil Procedure so they could obtain affidavits, take depositions, and complete discovery. The trial court granted Scott Petroleum’s motion for summary judgment, denying the plaintiffs’ request for a continuance. The Court of Appeals affirmed. The Mississippi Supreme Court granted plaintiffs’ petition for writ of certiorari to address whether the trial court erred in refusing to grant a Rule 56(f) continuance prior to granting summary judgment. After review, the Court found the trial court should have granted the continuance to permit more discovery, and therefore reversed the grant of summary judgment as well as the Court of Appeals’ judgment and remanded the case to the trial court for further proceedings. View "Stanley v. Scott Petroleum Corp." on Justia Law