Justia Mississippi Supreme Court Opinion Summaries
Williams v. Williams
Tuwanda Williams and John Williams, Jr., filed a “Joint Motion to Dismiss Fault Grounds and Consent to Divorce on Grounds of Irreconcilable Differences” and submitted for review a judgment of divorce based on irreconcilable differences and a divorce agreement. Shortly thereafter, Tuwanda changed her mind. She withdrew her consent to the divorce agreement and also withdrew her consent to the divorce based on irreconcilable differences. John moved to enforce the divorce agreement. The chancellor found that Tuwanda timely withdrew her consent to the irreconcilable-differences divorce but that the divorce agreement was an enforceable contract binding on both Tuwanda and John. The chancellor granted John’s motion to enforce the divorce agreement and entered what he called a “final judgment” incorporating the agreement. Tuwanda appealed. Because the order entitled “final judgment” was not a final, appealable judgment, the Mississippi Supreme Court lacked jurisdiction to review the appeal. Accordingly, the appeal was dismissed. View "Williams v. Williams" on Justia Law
Posted in:
Civil Procedure, Family Law
In Re: Democratic Ward 1 Run-Off Election for the City of Aberdeen, Mississippi
Nicholas Holliday appealed a circuit court decision, arguing the circuit court lacked subject matter jurisdiction to resolve an election contest brought by Robert Devaull concerning the 2020 Democratic Primary Runoff Election for Alderman, Ward I, in Aberdeen. Holliday relied on Devaull’s failure to comply with the statutory requirements of Mississippi Code Section 23-15-927. Additionally, Holliday argued that the trial court committed manifest error by determining that a special election was warranted. The Mississippi Supreme Court determined the trial court erred when it held that Devaull could amend his petition beyond the ten day deadline. Devaull failed to comply with the statutory requirement of filing a sworn copy of the complaint made to the Committee before the ten day deadline. The requirement of filing a sworn copy of the complaint was jurisdictional; therefore, the trial court lacked subject matter jurisdiction and without authority to order a new election. Judgment was reversed and rendered in favor of Holliday. View "In Re: Democratic Ward 1 Run-Off Election for the City of Aberdeen, Mississippi" on Justia Law
Posted in:
Civil Procedure, Election Law
Burden v. Mississippi
Derrick Burden was convicted by jury of aggravated assault but acquitted of arson. The trial court sentenced Burden to ten years in the custody of the Mississippi Department of Corrections, with five years suspended and full credit for time served. After sentencing, Burden moved for a directed verdict, which the court denied. Burden also filed a motion for a new trial, which was deemed denied. The Mississippi Supreme Court found the trial court record showed ample evidence in the form of testimony, medical records, and photos, when viewed in the light most favorable to the verdict, was sufficient to sustain an aggravated assault conviction, and the verdict was not against the overwhelming weight of the evidence. Accordingly, judgment was affirmed. View "Burden v. Mississippi" on Justia Law
Posted in:
Constitutional Law, Criminal Law
Ward v. Mississippi
Alphonso Ward was charged in a multi-offense indictment for automobile burglary and as an habitual offender. Ward was convicted by jury of automobile burglary. At Ward’s sentencing hearing, the State offered evidence attempting to prove Ward’s habitual offender status, but the documents offered were not in the record. Ward was convicted and sentenced as an habitual offender. On appeal, Ward argued: (1) the evidence was insufficient to support the trial court’s finding that Ward was an habitual offender; and (2) the trial court erred when it denied Ward’s motion to dismiss for a violation of his right to a speedy trial. The Mississippi Supreme Court reversed and remanded this case to the trial court to determine whether the specific facts of the instant case justified the finding that good cause existed for the delay in bringing Ward to trial. "If good cause existed, then the trial court should apply the proper Barker analysis. Should it be determined that Ward’s right to a speedy trial has not been violated, then his conviction stands. However, Ward should be resentenced on the substantive crime only." View "Ward v. Mississippi" on Justia Law
Posted in:
Constitutional Law, Criminal Law
White v. Jernigan Copeland Attorneys, PLLC
Jernigan Copeland Attorneys, PLLC (JCA) a Ridgeland, Mississippi law firm, filed suit against Shad White, in his official capacity as auditor for the state of Mississippi, seeking to recover damages for services rendered and for the reimbursement of costs and expenses owed to a public relations firm based on theories of breach of contract or, alternatively, promissory estoppel, quantum meruit, unjust enrichment, and indemnity. The Circuit Court found that, because discovery had not been completed in the case, genuine issues of material fact remained. Thus, it denied the office of the state auditor’s (OSA) motion to dismiss or, alternatively, for summary judgment. Because JCA failed to submit evidence creating a genuine issue of material fact that the employment contract complied with statutory requirements, and because JCA’s alternative claims were barred by the applicable statute of limitations, the Mississippi Supreme Court reversed the trial court’s denial of summary judgment. View "White v. Jernigan Copeland Attorneys, PLLC" on Justia Law
Posted in:
Civil Procedure, Government & Administrative Law
Haymon and Pernell v. Mississippi
Crystal Pernell and Tajarvis Haymon were convicted of two counts of armed robbery (Counts I and II), kidnapping (Count III) and aggravated assault (Count IV). On appeal, Pernell challenged the weight and sufficiency of the evidence used to support her conviction and argued that her request for a lesser offense jury instruction for simple assault should have been granted. Haymon argued that Danzel Williams’s (Danzel) identification of him in a photo lineup was impermissibly suggestive. Finding no error, the Mississippi Supreme Court affirmed. View "Haymon and Pernell v. Mississippi" on Justia Law
Posted in:
Constitutional Law, Criminal Law
Thornhill v. Walker-Hill Environmental, et al.
In July 2017, Jeremy Thornhill said that he had injured his back while working. He sought workers’ compensation benefits from his employer, Walker-Hill and its insurance carrier, Zurich American Insurance Company of Illinois (collectively, Employer/Carrier), but the Employer/Carrier denied that Thornhill had sustained a compensable injury. Ultimately, the parties agreed to compromise and settled pursuant to Mississippi Code Section 71-3-29 (Rev. 2021). Thornhill submitted the settlement to the Mississippi Workers’ Compensation Commission for approval. After examining the application, the Commission approved the settlement and dismissed Thornhill’s case with prejudice. Pursuant to the settlement, Thornhill signed a general release,” which reserved his right to pursue a bad faith claim. Believing he had exhausted his administrative remedies, Thornhill filed a bad faith suit against the Employer/Carrier. The Employer/Carrier moved to dismiss, arguing that Thornhill had not exhausted administrative remedies—and that the circuit court lacked jurisdiction—because the Commission never made a factual finding that he was entitled to workers’ compensation benefits. The trial court granted the motion on that basis. The Court of Appeals reversed and remanded, finding that Thornhill indeed exhausted his administrative remedies and that the circuit court had jurisdiction to hear his bad faith claim. Finding no reversible error in the appellate court’s decision, the Mississippi Supreme Court affirmed. View "Thornhill v. Walker-Hill Environmental, et al." on Justia Law
Mississippi Division of Medicaid v. Yalobusha County Nursing Home
The Mississippi Division of Medicaid (DOM) and Yalobusha County Nursing Home (YNH) disputed four costs submitted for reimbursement by YNH in its fiscal year 2013 Medicaid cost report. The DOM appealed a Chancery Court’s judgment ordering the DOM to reverse the four adjustments at issue. Because the DOM correctly interpreted the appropriate statutes and because its decisions were supported by substantial evidence, the Mississippi Supreme Court reversed the chancery court’s order and rendered judgment reinstating the decisions of the DOM. View "Mississippi Division of Medicaid v. Yalobusha County Nursing Home" on Justia Law
Mississippi v. Long Beach Harbor Resort, LLC
Long Beach Harbor Resort, LLC (the Resort), leased a parcel of land located on the Public Trust Tidelands from the City of Long Beach. The Mississippi Supreme Court was asked to determine whether the Resort is required to enter into a separate lease with the Secretary of State for the use of the tidelands property or whether the Resort already had a valid lease allowing use of the tidelands in question. The Court found that the State of Mississippi had, through its Boundary Agreement and Tidelands Lease with the City of Long Beach, ratified the prior lease entered into between the City and the Resort. Accordingly, the Court affirmed the chancery court’s grant of summary judgment in favor of the Resort and found that the Resort had a valid tidelands lease as ratified by the Secretary of State. View "Mississippi v. Long Beach Harbor Resort, LLC" on Justia Law
Randle v. Randle
Lester Randle died in 2009, survived by his wife and son, Dorothy and Raymond. Lester had previously been married to Ruthie Randle. Two children were born of that marriage: Tumika and Sylvester, the Appellants. Ruthie and Lester divorced in 1977 when the children were very young. Lester died intestate. On May 7, 2018, Dorothy filed a petition for grant of letters of administration in which she noted that Lester’s “estate consist[ed] of no real property but ha[d] a potential claim for unliquidated damages arising out of” Lester’s death. The petition acknowledged the Appellants, as well as Dorothy and Raymond, as Lester’s heirs at law. Dorothy was appointed administrator on July 12, 2018. On November 19, 2018, Dorothy filed a petition for a determination of heirship, now asserting that the estate consisted of a claim for benefits against the manufacturer of Granuflow/Natural Lyte in the amount of $67,500.25 arising from Lester’s use of the prescription drug. The petition further claimed that the Appellants were “not heirs at law of Lester Randle and [were] not entitled to any of the settlement proceeds,” but rather they “were born to a married man, putative father,” and Ruthie. A summons by publication was submitted in the newspaper to any unknown heirs. The Court of Appeals affirmed a chancellor's adjudication that Dorothy and Raymond were Lester's only heirs at law. The issues this case presented for the Mississippi Supreme Court's review were: (1) whether the chancery court and the Court of Appeals incorrectly considered the settlement proceeds from a wrongful-death claim as an asset of the estate; and (2) whether the chancery court and the Court of Appeals incorrectly considered the petition to determine heirs under Mississippi Code Sections 91-1-1 to -31 (Rev. 2021) instead of a determination of wrongful-death beneficiaries under Mississippi Code Section 11-7-13 (Rev. 2019). The Supreme Court reversed the judgments of the Court of Appeals and chancery court and remanded this case to the chancery court to determine the wrongful-death beneficiaries of Lester under Section 11-7-13. View "Randle v. Randle" on Justia Law
Posted in:
Civil Procedure, Trusts & Estates