LEE, C.J., for the Court: FACTS AND PROCEDURAL HISTORY 1. On December 16, 2009, the Mississippi Transportation Commission (MTC) filed three complaints to condemn in the Special Court of Eminent Domain of Harrison County. The subject of these complaints were three parcels of land, termed Z, Z1, and Z2. The Normand Children Diversified Class Trust (Normand) owns an undivided-whole fee-simple interest in Z1 and Z2 and an undivided 9/10 (90%) fee simple interest in Z. Robert C. Lehman PLC (...
IRVING, P.J., for the Court: 1. A Hinds County grand jury indicted Charles Johnson for murder, unlawful possession of a firearm by a convicted felon, and two counts of armed robbery. The indictment also provided that Johnson was a habitual offender and sought an enhancement of the sentence based on Johnson's use of a firearm. After a two-day trial, a Hinds County jury acquitted Johnson of murder and both armed-robbery charges. The jury, however, convicted him of being a convicted felon in...
MAXWELL, J., for the Court: 1. In the appeal of his conviction of seven counts of aggravated assault, Kewon Evans raises a single challenge. He asserts that, during voir dire, the trial judge improperly secured from potential jury members a commitment to find Evans guilty. 2. While it is impermissible to ask the jury to pledge a verdict based on a hypothetical question couched in the particular facts of the case, here we find the trial judge did not ask for such a pledge. Instead, he...
ROBERTS, J., for the Court: 1. After over twenty-five years of marriage, Henry Stout and Tracey Stout agreed to an irreconcilable-differences divorce. They submitted several issues for the chancellor to decide, such as child support, property division, and alimony. Displeased with the chancellor's decision on the issues, Henry filed the present appeal. Finding no error, we affirm. FACTS AND PROCEDURAL HISTORY 2. Henry and Tracey were married on October 28, 1983. They had three children:...
ISHEE, J. 1. John Doe, on behalf of Jane Doe, 1 a minor, filed a negligence action in the Rankin County Circuit Court against the Rankin County School District (RCSD) in December 2009. In November 2011, RCSD was granted summary judgment based on governmental immunity under the Mississippi Torts Claims Act (MTCA). John filed a motion for reconsideration of the decision. The motion was denied. John appeals, arguing: (1) the circuit court erred in granting summary judgment in favor of RCSD...
IRVING, P.J., for the Court: 1. Barbara Dawson commenced this action by filing a complaint in the Harrison County Circuit Court against Boyd Biloxi LLC (Boyd), seeking compensation for injuries that she sustained in 2012 when she slipped and fell at the Imperial Palace Casino, Resort, and Spa (IP) in Biloxi, Mississippi. 1 Boyd timely answered the complaint and later moved for summary judgment, which the circuit court granted. Feeling aggrieved, Dawson appeals and argues that the circuit...
ISHEE, J., for the Court: 1. This appeal stems from the suit filed by Tracy Vance in the County Court of Coahoma County against the town of Lula, Mississippi (the Town), seeking compensation for unpaid holidays, vacation days, and sick days accrued during his employment as the Town's marshal. On May 12, 2011, the county court dismissed the case after granting a motion for a directed verdict in favor of the Town. Following dismissal, Vance filed an appeal in the circuit court. On September 26,...
MAXWELL, J., for the Court: 1. Northeast Mental Health-Mental Retardation Commission (the Commission) appeals the partial grant of summary judgment in favor of V.M. Cleveland, which the chancellor had certified as final and appealable under Mississippi Rule of Civil Procedure 54(b). But just because an order is declared to be final and appealable does not necessarily make it so. 1 And in this case, the order certified as final did not fall within the "limited category of decisions" to...
ISHEE, J., for the Court: 1. In February 2010, in the Lincoln County Chancery Court, Howard Clarke Reeves sought separate maintenance from his wife, Brenda McCullough Reeves, after Brenda left their marriage. The chancellor denied Howard's request, concluding that Howard's alcoholism and abuse throughout the eight-year period prior to his filing largely contributed to Brenda's departure. In April 2011, Howard filed a complaint for divorce on the ground of desertion. Brenda filed a motion to...
JAMES, J., for the Court: 1. Emma Bell appeals the order of the Leflore County Circuit Court granting summary judgment in favor of the Mississippi Department of Human Services (DHS) and Dynetha Thornton, in her official capacity as the director of the Leflore County DHS. 1 Bell raises the following assignments of error: (1) the trial court erred in granting the appellees' motion for summary judgment; (2) the trial court erred in denying Bell's motion to stay the appellees' motion for...
MAXWELL, J., for the Court: 1. This appeal involves the mysterious disappearance and mistaken identity of a horse. Claiming she had not received the pregnant quarter horse she had bargained for, Laura Lane-Lott sued the man with whom she had traded her horse, as well as the two people who brokered the trade. 2. The circuit court dismissed her claims for fraud and damages under the Uniform Commercial Code (UCC) at the close of her presentation of the evidence. After review, we find the...
IRVING, P.J., for the Court: 1. The Oktibbeha County Justice Court found Anthony K. Chapman Jr. guilty of driving under the influence (DUI), first offense. Chapman appealed to the Oktibbeha County Circuit Court, which, after a trial de novo, also found him guilty. Chapman filed a motion for reconsideration, which the court denied. Feeling aggrieved, Chapman appeals and argues that the circuit court's judgment was manifestly erroneous and clearly wrong because the State did not meet its...
IRVING, P.J., for the Court: 1. On January 10, 2013, the Hinds County Circuit Court dismissed without prejudice a complaint filed by Chakakhan Davis against the Mississippi Board of Certified Court Reporters (Board), alleging defamation of character. Feeling aggrieved, Davis appeals and argues that the circuit court erred in dismissing her complaint. 2. Because we find that the circuit court erred in dismissing Davis's complaint prior to the expiration of the service period, we reverse...
IRVING, P.J., for the Court: 1. In March 2010, in the Starkville Municipal Court, Bradley Mobley entered a plea of no contest to driving under the influence pursuant to Mississippi Code Annotated section 63-11-30(1)(a), (c) (Rev. 2013). The municipal court found Mobley guilty. He appealed his conviction to the Oktibbeha County Circuit Court, which, after a trial de novo, also found him guilty of driving under the influence. The circuit court sentenced Mobley to forty-eight hours in the...
FAIR, J., for the Court: 1. Brothers Tim and Johnny Sellers, joint owners of a parcel of land in rural Forrest County, brought suit against Donald Locklear, a neighboring landowner. The Sellerses alleged Locklear had constructed a road across their property, against their express direction. The Sellerses' request for admissions was deemed admitted by the chancery court after Locklear, who was not represented by counsel at the time, failed to respond. The admissions resolved liability, and...
JAMES, J., for the Court: 1. Rebecca Chandler, on behalf of her minor child, Pearson "Dutch" Chandler, filed suit against Mary Mahoney's Inc., a restaurant located in Biloxi, Mississippi, alleging that Mary Mahoney's breached its duty to keep its premises in a reasonably safe condition after Dutch sustained severe second- and third-degree burns from contact with a landscape light maintained on the premises. The Harrison County Circuit Court granted Mary Mahoney's motion for summary judgment....
ISHEE, J., for the Court: 1. In 2008, Joseph Lucius Whitley passed away. His wife of sixteen months, Victoria S. Whitley, passed away approximately one month later. Prior to her passing, she paid for Joseph's funeral expenses. She also began administration of his estate. After Victoria's passing, Joseph's daughter, Elizabeth Marie Whitley, became administrator of Joseph's estate. Rebecca Love became executor of Victoria's estate. Rebecca soon filed a claim against Joseph's estate for...
ISHEE, J., for the Court: 1. In 2012, the Pearl River County Chancery Court issued a final judgment regarding the custody of Jeremy P. Jenkins's and Heidi Wilkinson-Braddy's minor child, Isaiah Jenkins. The chancery court awarded primary physical custody of Isaiah to Jeremy, with the parties sharing joint legal custody. Heidi was granted visitation rights. Heidi now appeals, arguing: (1) the chancellor committed reversible error by failing to make specific written findings on the statutory...
GRIFFIS, P.J., for the Court: 1. Wells Fargo Advisors, LLC appeals the circuit court's denial of its motion to confirm an arbitration award and for entry of a judgment against Hubert Runnels, Jr. Wells Fargo argues that the circuit court erred in the denial of the motion because Runnels's effort to vacate the arbitration award was time-barred and Runnels failed to set forth sufficient grounds to vacate the arbitration award. Finding error, we reverse the circuit court's judgment and...
MAXWELL, J., for the Court: 1. Five years after Richard Peterson's divorce from his wife Josephine, health problems forced his retirement. Because his income had substantially decreased, he sought a reduction of his alimony obligation. And the chancellor granted a modification, reducing his periodic alimony from $2,500 to $1,800 per month. On appeal, Josephine insists any downward modification of alimony was inappropriate because Richard's retirement was anticipated. However, Richard...
