Justia Mississippi Supreme Court Opinion Summaries

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

Roxanne Watson filed two successive lawsuits against Greenwood Leflore Hospital and Dr. John Lucas III (collectively, “GLH”), alleging medical negligence. Watson’s first complaint was dismissed without prejudice because a notice of claim was not filed with the chief executive officer of the governmental entity at least ninety days before instituting suit as required by Mississippi Code Section 11-46-11(1) (Rev. 2019) of the Mississippi Tort Claims Act (MTCA). Watson then refiled the complaint. GLH sought dismissal of the second complaint, contending that Watson was required to provide it with a second notice of claim and that the one-year statute of limitations had expired. The trial court denied GLH’s motion to dismiss, and the Mississippi Supreme Court granted an interlocutory appeal. After review, the Supreme Court concluded Watson satisfied the MTCA’s notice requirements, affirming the trial court’s order denying the motion to dismiss. View "Greenwood Leflore Hospital et al. v. Watson" on Justia Law

Michael Lockhart appealed a Chancery Court’s Opinion and Final Judgment entered in July 2019 (the 2019 Order) purporting to clarify the court’s previous 2018 Findings of Fact, Conclusions of Law and Final Judgment (the 2018 Order) equitably distributing property between Lockhart and his ex-wife, Stella Payton. Lockhart also appealed the chancery court’s Order Denying Post Trial Motion entered in February 2020. In doing so, Lockhart claimed the chancery court erred: (1) by modifying the court’s property division ruling from its 2018 Order; (2) by assigning values to property identified in the 2018 Order; (3) in its determination of “proceeds” related to certain businesses owned by Lockhart; (4) by finding Lockhart in contempt; (5) by failing to penalize Payton’s contempt and allowing Payton equitable relief; (6) by failing to assign rental income to Lockhart for two marital rental properties; (7) by failing to provide Lockhart a way to retrieve his personal property from the marital home; and (8) by denying Lockhart’s motion to recuse. Since each of Lockhart’s eight assignments of error either lacked merit or ere procedurally barred on appeal, the Mississippi Supreme Court affirmed the chancery court's decision. View "Lockhart v. Lockhart" on Justia Law

Viking Insurance Company appealed a circuit court's grant of summary judgment. The circuit court adjudged that stacking uninsured-motorist coverages in a Viking policy should have been separated for purposes of the State Farm Mutual Auto Insurance Co. v. Kuehling, 475 So. 2d 1159 (Miss. 1985), offset. Viking covered the insured through a single policy covering both the vehicle involved in the accident, and an uninvolved vehicle while Mississippi Farm Bureau Casualty Insurance Company covered the insured through a single policy covering two uninvolved vehicles. The circuit court applied the offset first to Viking’s coverage of the involved vehicle, and then allocated the remainder between Viking’s and Farm Bureau’s coverages of uninvolved vehicles. As the parties agreed regarding the facts of this case, the only issue before the Mississippi Supreme Court was whether or not Farm Bureau was entitled to judgment as a matter of law. The Court found the circuit court erred: Viking was the primary insurer, so it was entitled to an offset against its entire stacking policy amount first. It was error to apply a pro rata offset in this case. Accordingly, judgment was reversed and the matter remanded for further proceedings. View "Viking Insurance Company of Wisconsin v. Mississippi Farm Bureau Casualty Insurance Company" on Justia Law

Tillman Infrastructure, LLC, sought to build a 290-foot tower in Marshall County, Mississippi on a plot designated an agricultural zone. Tillman applied for a special exception through the Marshall County Planning Commission, and the request was approved. American Tower Corporation owns an existing wireless-telecommunications tower that is approximately a quarter of a mile from Tillman’s proposed tower. American Tower opposed Tillman’s request for a special exception. Tillman’s application was considered at the November 18, 2019 meeting of the Marshall County Board of Supervisors. American Tower argued that Tillman could not satisfy the standards for a special exception. The board unanimously approved Tillman’s request for a special exception. American Tower appealed to the Marshall County Circuit Court. Marshall County filed a motion to dismiss the appeal and argued that the circuit court lacked jurisdiction. Marshall County claimed that American Tower failed to provide notice to the board president of the board of supervisors as required by Mississippi Code Section 11-51-75. Tillman joined the motion and also argued that American Tower lacked standing to prosecute its appeal. The circuit court entered an order granting the motion to dismiss. In this appeal, the Mississippi Supreme Court considered the dismissal of an appeal of a decision by a board of supervisors under Mississippi Code Section 11-51-75 (Rev. 2019), and whether American Tower properly perfected its appeal. The Supreme Court found that under Section 11-51-75, as revised, it was the filing of the notice of appeal that established appellate jurisdiction to the circuit court. "We acknowledge that American Tower did not deliver a copy of the notice of appeal to the president of the board of supervisors. However, we find this defect is procedural and may be remedied." Judgment was reversed and the case remanded for further proceedings. View "American Tower Asset Sub, LLC d/b/a American Tower Corporation v. Tillman Infrastructure, LLC et al." on Justia Law

James Hughes twice invested in the Shipp family’s efforts to develop their property near Bentonia, Mississippi, into a gated community called Rose Lake, in exchange for lots in the future subdivision. Twice, he came up empty handed and sued the Shipps. At the close of Hughes came up empty handed. Hughes sued the Shipps. At the close of Hughes’s case, the chancellor found the situation “very inequitable.” Yet he still denied Hughes any equitable relief based on the running of the statute of limitations. The Court of Appeals affirmed on alternate grounds. The Mississippi Supreme Court granted certiorari review specifically to address Hughes’s unjust-enrichment claim. And after review, the Supreme Court agreed with the Court of Appeals that the statute of limitations should not have run from the date Hughes cut the checks for the lots, but from the time his cause of action for unjust enrichment actually accrued. But the Court disagreed with the Court of Appeals’ deciding to resolve this fact-intensive question on appeal. Furthermore, the Court disagreed that the dismissal of this claim should have been affirmed on alternate grounds, namely Hughes’s failure to “identify a promise.” Hughes’ unjust-enrichment claim was reversed and remanded that claim to the trial court for further proceedings. The trial court was affirmed in all other respects. View "Hughes v. Shipp, et al." on Justia Law

Cascio Investments, LLC (Investments), sued Philip Cascio (Cascio) for breach of contract, alleging violations of a noncompetition agreement (NCA). The circuit court found in favor of Investments, and Cascio appealed. Investments cross-appealed, seeking review of a punitive damages award and injunctive relief. The patriarch of the family, Phil Cascio, Sr., founded Cascio’s Storage and Warehouse, Inc. (CSW), during the 1970s, a business that primarily engaged in warehousing and storage of agricultural products in the Mississippi Delta region and beyond. Phil Cascio, Sr. passed the general management of the business to his son, Cascio while his other children, Jackie Pearson, Phyllis Cascio, and Patrick Cascio, pursued other careers. Not until later did Phil Cascio, Sr., divide his interests among his children. This extremely dissatisfied Cascio, Jr., who believed he should receive full ownership of the family businesses on account of the years of work he had poured into them. This chain of events led to a degeneration of the familial bonds between the Cascio siblings, which ultimately resulted in the action on review by the Mississippi Supreme Court. After review, the Supreme Court concluded substantial evidence supported the trial court’s findings, so judgment was affirmed as to all issues except the joinder of Jackie and Phyllis as plaintiffs. As for the cross-appeal, the issue of the constitutionality of the punitive- damages cap was procedurally barred, and the circuit court was affirmed as to the denial of additional injunctive relief. View "Cascio v. Cascio Investments, LLC" on Justia Law

At issue before the Mississippi Supreme Court in this case was whether the Civil Service Commission for the City of Jackson (Commission) sufficiently and clearly certified its findings when it affirmed the Jackson Police Department’s termination of Officer Justin Roberts. The Supreme Court found that because the Commission failed to set forth with sufficient clarity and specificity its reasons for affirming Roberts’s termination, the decisions of the Court of Appeals and the Circuit Court were reversed, and the matter remanded to the Commission to comply with the Supreme Court's directive to certify in writing and to set forth with sufficient clarity and specificity its factual findings. View "Roberts v. City of Jackson" on Justia Law

Johnny Nevels appealed his convictions on three counts of drug possession. He claimed he was entitled to a circumstantial evidence instruction, which the trial court refused. He also argued his trial should not have proceeded in his absence. After reviewing Nevels’s circumstantial-evidence-instruction claim, the Mississippi Supreme Court overruled its previous case law that required a special instruction ramping up the burden of proof in circumstantial evidence cases. Because the jury in this case was properly instructed on the burden of proof, the Court found no reversible jury instruction error. Furthermore, the Court found no abuse of discretion in the trial court’s determining Nevels had waived his right to be present and thus could be tried in absentia. Nonetheless, Nevels could not waive his right to be present at his later felony sentencing, making it an error for the trial court to sentence Nevels in absentia. Nevels’ convictions on three counts of drug possession were affirmed, but his sentences were vacated, and the case remanded to the trial court for resentencing with Nevels present. View "Nevels v. Mississippi" on Justia Law

Talib Mujahid was convicted by jury of selling methamphetamine. He was sentenced to eight years in prison. His appellate counsel filed a Lindsey brief, certifying he found no arguable issues to appeal. Mujahid opted to file a pro se brief, arguing the judge should recused, a witness was wrongly allowed to testify, he was incorrectly sentenced as a habitual offender, and his trial counsel was ineffective. After review, the Mississippi Supreme Court found no merit to any of Mujahid’s claims, and affirmed Mujahid’s conviction and sentence for sale of methamphetamine. View "Mujahed v. Mississippi" on Justia Law