RUSSELL, J., for the Court: 1. Wayne Farms LLC ("Wayne Farms") and Pacific Employers Insurance Company ("Pacific Employers") appeals the order of the Mississippi Workers' Compensation Commission ("Commission") affirming the award of permanent and total disability benefits to Clairol Weems. Finding the decision of the Commission was supported by substantial evidence, we affirm. FACTS AND PROCEDURAL HISTORY 2. Weems was employed by Wayne Farms from 1992 until October 3, 2006, where she...
RUSSELL, J., for the Court: 1. This case involves a wrongful-death action based on medical malpractice filed in the Circuit Court of Pike County, Mississippi. The circuit court entered a judgment in favor of Southwest Mississippi Regional Medical Center (SMRMC). Theresia Norris now appeals claiming the trial court erred in failing to amend its findings of facts and conclusions of law, as the final judgment was against the weight of the evidence; and, the trial court abused its discretion by...
GRIFFIS, P.J., for the Court: 1. Willie M. Galloway and Lucille S. Galloway filed a complaint against Walter Taylor for damages under Mississippi Code Annotated section 95-5-10 (Rev. 2004), commonly referred to as the Mississippi timber trespass statute. The County Court of Madison County, Mississippi, entered a judgment in favor of the Galloways for compensatory damages, statutory damages, and court costs, including attorney's fees. In this appeal, Taylor asserts three issues: (1)...
BARNES, J., for the Court: 1. This case involves a contractual dispute between Sheila Danette Wells and Price Construction Company (Price) regarding its remodeling of Wells's home. In 2004, Price sued Wells for breach of a construction contract, claiming that Wells owed Price for certain changes Wells requested to the original work plans, which were performed by Price. Wells counterclaimed for poor workmanship on the remodeling job. 2. After several years of litigation and a bench trial...
RUSSELL, J., for the Court: 1. This is an appeal from the Chancery Court of Lawrence County, Mississippi, where James David Bryant Jr. (David) sought a modification of child custody. David was granted temporary physical custody of the two minor children. David claims the chancellor erred in finding no material change in circumstances adverse to the health and well-being of the minor children; and, abused his discretion by failing to make proper findings of fact and conclusions of law on the...
FAIR, J., for the Court: 1. After twenty years of marriage, Gary and Alisa Rolison were divorced on the ground of Alisa's adultery. Alisa appeals the chancellor's judgment awarding custody of their four children to Gary, asserting that the chancellor failed to apply the history-of-domestic-violence presumption, failed to consider the children's preference, disregarded reports of the guardian ad litem (GAL) and the Department of Human Services (DHS), and punished her for adultery. Finding...
ISHEE, J., for the Court: 1. Eric Herrington was convicted in the Claiborne County Circuit Court of one count of aggravated assault and one count of possession of a weapon by a felon. He was sentenced as a habitual offender to twenty years' imprisonment for count one and ten years' imprisonment for count two, with the sentences to run consecutively to one another, without eligibility for parole or probation, all in the custody of the Mississippi Department of Corrections (MDOC). On appeal,...
RUSSELL, J., for the Court: 1. Shayna Hamby appeals the chancery court's order granting sole physical custody of the parties' minor child to her former husband, Darin Hamby. She raises three issues on appeal: (1) whether the chancery court erred in finding that the parenting-skills factor was neutral under an Albright 1 analysis; (2) whether the chancery court erred in finding that the moral-fitness factor was neutral; and (3) whether the chancery court erred in finding that the best...
MAXWELL, J., for the Court: 1. Our appellate courts have held that parties may only appeal from a final judgment. 1 "A final, appealable judgment is one that `adjudicates the merits of the controversy which settles all issues as to all the parties' and requires no further action by the [trial] court." 2 Absent an express certification by the trial judge that there is "no just reason for delay" and an explicit direction "for the entry of the judgment," an appeal from a judgment...
GRIFFIS, P.J., for the Court: 1. This case reviews a summary judgment granted in a premises-liability case. Doris Frazier slipped and fell in a McDonald's restaurant. On appeal, Frazier argues that there are genuine issues of material fact as to: (1) the unreasonableness of the danger, and (2) the adequacy of McDonald's warning of the conditions. We find no error and affirm. FACTS 2. On February 3, 2007, Frazier fell in a McDonald's restaurant in D'Iberville, Mississippi. She was seventy-...
RUSSELL, J., for the Court: 1. Jack and Diane Donovan appeal the Long Beach Board of Aldermen's (Board) decision to rezone portions of property owned by Ira Woodfield from residential to commercial. They assert three issues on appeal: (1) whether the Board erred in rezoning Woodfield's property under Mississippi Code Annotated section 17-1-17 (Rev.2012) without a supermajority vote; (2) whether there was clear and convincing evidence of a substantial change in the character of the...
LEE, C.J., for the Court: 1. Moran Hauling Inc. ("Moran") submitted a bid to the Department of Finance and Administration ("DFA") through the Bureau of Building, Grounds and Real Property Management ("BOB") for the reconstruction of Buccaneer State Park. 2. BOB and the Public Procurement and Review Board ("PPRB") are offices within DFA. BOB is a building authority that assists state agencies and the like with construction projects. PPRB is empowered to approve state contracts, review bid...
ISHEE, J., for the Court: 1. On December 16, 2009, Robert Hyer Jr. filed a criminal complaint for simple assault against Kenneth Caruso in the Amite County Justice Court. After a January 6, 2010 hearing, the case was remanded to the file. On July 23, 2010, Caruso filed a complaint in the Amite County Circuit Court alleging the charges filed by Hyer constituted false arrest and imprisonment, malicious prosecution, outrageous conduct, intentional infliction of emotional distress, negligence,...
ISHEE, J., for the Court: 1. Robert and Jennifer Goudelock filed for divorce in December 2009. The parties had one child during the marriage. In February 2010, a divorce was granted based on irreconcilable differences, and the parties agreed to share joint legal and physical custody of the minor child. In May 2011, pursuant to Jennifer's petition for modification and contempt, the Union County Chancery Court modified the original divorce decree and granted Jennifer sole legal and physical...
ROBERTS, J., for the Court: 1. This appeal requires an examination of the acceptable manners in which a plaintiff under the Mississippi Tort Claims Act (MTCA) may serve a notice of claim. Gwen and James Guthrie argue that the Jones County Circuit Court erred when it dismissed their complaint against the Jones County School District and the Jones County Board of Education (collectively "District"). The circuit court held that the Guthries' complaint was untimely because they had faxed their...
MAXWELL, J., for the Court: 1. When a party to a lawsuit dies, and the claim survives, Mississippi Rule of Civil Procedure 25(a)(1) confers the right to substitute "the proper parties." There must be a motion for substitution made by another party or the deceased party's successor or representative. This motion must be served on parties following Rule 5 and interested nonparties following Rule 4. See M.R.C.P. 4, 5. And when "death is suggested upon the record by service of a statement of...
FAIR, J., for the Court: 1. Carrie Jones filed for divorce from her husband, Donald Jones. The Rankin County Chancery Court dismissed her complaint, and Carrie now appeals. She asserts that the chancellor erred in dismissing her entire case when she was not allowed to present evidence in support of her claims for custody and child support. Finding that the chancellor had no obligation to hear evidence regarding custody or to adjudicate custody after dismissing the divorce, we affirm. FACTS...
ROBERTS, J., for the Court: 1. This appeal stems from the Holmes County Chancery Court's October 11, 2010 opinion removing a cloud on title to the disputed property in favor of Charles Moore, Roman Moore, Amelia Pugh, Jimmy Moore, Beulah Yates, Paul Joseph Moore, Otto Moore, Travis Moore, David Moore, Douglas Moore, and Richard Moore (the Moores). The chancery court further found that Mary Fisher Rodgers had failed to prove she was entitled to the disputed property through adverse possession....
ROBERTS, J., for the Court: 1. Kenyader Weatherspoon voluntarily acknowledged that he was the father of Serhonda Brown's child, M.B. 1 Weatherspoon also agreed to pay Brown child support. Approximately six years later, a DNA test revealed that Weatherspoon was not M.B.'s biological father. Weatherspoon successfully moved to set aside the order of filiation and relieve him of his obligation to pay future and past but unpaid child support. The Madison County Chancery Court also ordered Brown...
GRIFFIS, P.J., for the Court: 1. This case concerns the appeal of a summary judgment granted in favor of the defendant. 2. The plaintiffs were current or former employees of the Booneville Housing Authority ("BHA"). Christopher Jones, Vicki Cole, Richard Cole, Debbie Bishop, Kenneth Bishop, Dewell Smith, and Roosevelt Spencer (collectively referred to as the "plaintiffs"), brought a lawsuit against Brenda Jo Mullen d/b/a Mullen and Company CPA. The plaintiffs asserted claims for...
