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Court of Appeals of Mississippi

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McCULLOUGH v. McCULLOUGH, 52 So.3d 373 (2009)
Court of Appeals of Mississippi Filed:MS Oct. 06, 2009 Citations: 52 So.3d 373, 2008-CA-00029-COA.

CARLTON, J., for the Court. 1. On November 5, 2007, the Chancery Court of Lincoln County entered a judgment granting a divorce to April McCullough (April) and Shane Allen McCullough (Shane) and giving Shane custody of the couple's two minor children. April was granted liberal visitation and was ordered to pay child support in the amount of $604 per month. Aggrieved, April appeals the chancery court's judgment. Finding no abuse of discretion by the chancellor, we affirm. FACTS 2. April...

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GOODYEAR TIRE & RUBBER CO. v. KIRBY, 156 So.3d 281 (2009)
Court of Appeals of Mississippi Filed:MS Dec. 15, 2009 Citations: 156 So.3d 281, 2007-CA-00325-COA.

KING , C.J. , for the Court. 1. This is an appeal from a jury verdict in the Circuit Court of Copiah County in favor of the plaintiffs in a personal injury products liability lawsuit in which a defective automobile tire was found to be responsible for the death of one man and the injury of two young men in an automobile accident in 2000. The appeal is brought by the maker of the tire, The Goodyear Tire & Rubber Company (Goodyear) and the company which installed the tire, Big 10 Tire...

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COOPER v. GILDER, 156 So.3d 262 (2009)
Court of Appeals of Mississippi Filed:MS Dec. 15, 2009 Citations: 156 So.3d 262, 2007-CA-00793-COA.

ISHEE , J. , for the Court: 1. Following a trial beginning on August 22, 2006, the Chancery Court of Washington County entered judgment in favor of Cooper Gilder, Inc. (Cooper Gilder). The chancery court found that Robert D. Cooper (Robin), 1 Donald Dunaway (Don), and Connie Burford (Connie) (collectively, the Appellants) were jointly and severally liable in the amount of $1,346,748. Aggrieved by the judgment, Robin, Don, and Connie allege the following points of error: I. Whether the...

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OMNOVA SOLUTIONS, INC. v. LIPA, 44 So.3d 1000 (2009)
Court of Appeals of Mississippi Filed:MS Nov. 17, 2009 Citations: 44 So.3d 1000, 2008-WC-00500-COA.

LEE, P.J., for the Court. PROCEDURAL HISTORY 1. Theresa Lipa filed a workers' compensation claim after sustaining a work-related back injury during her employment with Omnova Solutions, Inc. A hearing was held before an administrative law judge (ALJ) who found that Lipa sustained a loss of wage-earning capacity as a result of her back injury and awarded her permanent disability benefits in the amount of $30.02 per week for 450 weeks. The award was based on the difference between the wages...

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FLAGSTAR BANK, FSB v. DANOS, 46 So.3d 348 (2009)
Court of Appeals of Mississippi Filed:MS Mar. 31, 2009 Citations: 46 So.3d 348, 2007-CA-00418-COA.

KING, C.J., for the Court. 1. While the genesis of this appeal is the sale of an allegedly defective manufactured home, its resolution requires an examination of our law regarding judgments by default. Flagstar Bank, FSB, (Flagstar) is the last of two defendants in a suit filed by the Danos family who purchased a manufactured home only to discover after the sale that the structure had preexisting water damage, which they claim led to mold growth that harmed them. Flagstar is a Michigan-based...

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