MAXWELL , J. , for the Court: 1. After the Board of Aldermen for the City of Canton, Mississippi, voted to remove four members of the Canton Utilities Commission, the ousted commissioners 1 took two legal actions in the Madison County Circuit Court. They filed a bill of exceptions, which is the statutory procedure to appeal a municipal board's decision 2 (Action 1). And they filed a separate complaint against the city, the board, and the mayor 3 for injunctive relief from the very...
ROBERTS , J. , for the Court: 1. This appeal stems from a disagreement regarding the partition of approximately 150 acres among siblings, and the Panola County Chancery Court's order to sell a house and one acre of property that surrounds it. Six years after the chancellor ordered that the house be sold at a public auction, brothers Daniel and William Pride (collectively "William") filed a motion for relief from judgment under Rule 60(b) of the Mississippi Rules of Civil Procedure. The...
BARNES , J. , for the Court: 1. Perriece Collins, the parent and legal guardian and of Shoniqwa Collins, and on behalf of the wrongful-death beneficiaries of Shataja Nikeara Collins, filed suit in Leake County Circuit Court against Dr. Toikus Westbrook (Dr. Toikus), among others, 1 for negligence in the delivery of Shoniqwa's stillborn baby, Shataja. Dr. Toikus filed a motion to dismiss, claiming insufficient service of process, because the person served with the complaint was his father,...
ISHEE , J., for the Court: 1. In the Starkville Municipal Court, David Pittman entered a plea of no contest on January 13, 2013, to driving under the influence (DUI), first offense. He was found guilty by the municipal court, and subsequently appealed his conviction to the Oktibbeha County Circuit Court. Following a de novo trial, the circuit court also found Pittman guilty of DUI, first offense, and sentenced him to forty-eight hours in the county jail and ordered him to pay a fine of $...
BARNES , J., for the Court: 1. Tracie McBeath Fairley and Gregory Dailey had a child born out of wedlock on November 25, 1992. On May 31, 2001, Tracie filed a petition for custody and other relief. The parties entered into an agreed order on September 6, 2001, wherein Tracie was granted primary physical and legal custody of the child, and Gregory was ordered to pay $334 per month in child support (retroactive to August 2, 2001), $1,750 in back child support, and one-half of the child's...
ISHEE , J., for the Court: 1. In May 2013, the Jones County Chancery Court granted Larry Bolivar a divorce on the ground of desertion from Teresa Bolivar. Teresa filed a motion to set aside the judgment of divorce on June 12, 2013, alleging that she had not been served properly. Following a July 2013 hearing, the chancery court denied the motion. Teresa filed a motion for reconsideration, which was also denied. Aggrieved, Teresa appeals. Finding no error, we affirm the judgment of the...
FAIR , J. , for the Court: 1. The Attorney General filed a petition to remove Azalean Rogers from the Board of Aldermen of the City of Boyle, Mississippi, alleging that she had pled guilty to two felony counts of forgery in 1979. The trial court adjudicated Rogers to be a convicted felon, but it denied the petition to remove her from office and instead entered an order finding that Rogers was not a qualified elector and could not have her name placed on the ballot in future elections. 1...
IRVING , P.J. , for the Court: 1. After awarding custody of Regina Weathers and Scott Guin's minor son, Jacob, to Regina, the Chancery Court of Itawamba County entered a modification order transferring custody of Jacob to Scott and ordering Regina to pay child support for Jacob. The chancery court later entered a contempt order, finding Regina in contempt for violating the modification order. Regina appeals from the modification order, arguing that there was no basis for the custody...
LEE, C.J., for the Court: 1. Sandra F. Hanson appeals the judgment of the Mississippi Workers' Compensation Commission (the Commission) finding that she is not entitled to an award of permanent partial disability and denying certain medical testing. Finding no error, we affirm. PROCEDURAL HISTORY 2. Hanson filed a petition to controvert alleging that she had received a compensable injury to her neck and back while working for Dollar General. Dollar General filed its answer, admitting...
IRVING , P.J. , for the Court: 1. Anthony Miles Fortenberry pleaded guilty to one count of sexual battery in violation of Mississippi Code Annotated section 97-3-95(1)(c) (Rev. 2014). The Rankin County Circuit Court sentenced him to a term of twenty years in the custody of the Mississippi Department of Corrections (MDOC), with thirteen years suspended and with five years of supervised probation. Fortenberry filed a motion for post-conviction collateral relief (PCR), alleging (1) he was...
MAXWELL , J. , for the Court: 1. This case involves Milton Trotter's two separate life sentences — one imposed by a federal judge and the other by a Mississippi circuit judge. Trotter's first life sentence was handed down in federal district court after Trotter pled guilty to a federal kidnapping charge. Shortly after, Trotter waived indictment and pled guilty in a Mississippi circuit court to a murder committed by his accessories during the abduction. For the murder, the circuit judge...
MODIFIED OPINION ON MOTION FOR REHEARING ISHEE, J. 1. This case is before the Court on motion for rehearing. The motion for rehearing is denied. The previous opinion of this court is withdrawn, and this opinion is substituted in lieu thereof. We reverse and remand for further proceedings consistent with this opinion. 2. 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...
CARLTON, J., for the Court: 1. Leggett and Platt (Leggett), and its insurance carrier, Fidelity and Guaranty Insurance Company (Fidelity), appeal the order of the Mississippi Workers' Compensation Commission (Commission) finding that Victor Brinkley timely filed his petition to controvert. Finding that the Commission erred in its determination that Brinkley filed his petition to controvert within the one-year statute of limitations, we reverse and render the full Commission's order. FACTS...
MAXWELL, J., for the Court: 1. Almost ten years after pleading guilty to capital murder, Armon Randall seeks to vacate his guilty plea and sentence of life without parole. The gist of his motion for post-conviction relief (PCR) is that the predicate robbery, which elevated his charge to capital murder, was insufficiently pled in his indictment. After review, we find his challenge fails for both procedural and substantive reasons. 2. Procedurally, his motion is both untimely and subsequent...
ISHEE , J. , for the Court: MODIFIED OPINION ON MOTION FOR REHEARING 1. The motion for rehearing is denied. We withdraw our original opinion and substitute this modified opinion. 2. In 2011, Kenneth Michael Crook was convicted of two counts of violating a city ordinance in the City of Madison (the City) and sentenced to pay a fine of $300 on each count. Crook appealed the judgment to the Madison County Circuit Court, which affirmed Crook's conviction and sentence. Aggrieved, Crook now...
JAMES, J., for the Court: 1. This case arises out of an action initiated by Kenny Brown against Hilary Maslon in the Justice Court of Marshall County for damages he suffered as a result of Maslon's cattle trespassing onto his property. The justice court ruled in favor of Brown, awarding him $3,500 in damages. Maslon appealed to the Circuit Court of Marshall County, where a bench trial de novo was held. The trial court awarded damages of $2,150 to Brown. Maslon appeals raising the following...
ISHEE, J., for the Court: 1. This appeal stems from a medical-negligence action filed by Rodney Williams against Manhattan Nursing & Rehabilitation Center LLC (Manhattan) in the Hinds County Circuit Court. At the conclusion of Williams's case-in-chief, Manhattan moved for a directed verdict. The circuit court granted the motion. Aggrieved, Williams appeals. Finding no error, we affirm. STATEMENT OF FACTS AND PROCEDURAL HISTORY 2. Williams filed a complaint on November 3, 2008, alleging...
IRVING, P.J., for the Court: 1. This appeal arises from the award by the Harrison County Chancery Court of attorney's fees in a guardianship proceeding involving injuries sustained by a minor in a car accident. Jay Foster, an attorney initially hired by the minor's father and then fired, is appealing the chancellor's award of the majority of the attorney's fees to the attorney subsequently hired to represent the minor. FACTS 2. K.K., a minor, 1 was injured in a car wreck in December...
BARNES, J., for the Court: 1. The Mississippi Transportation Commission (MTC) filed a "Complaint to Condemn" in the Special Court of Eminent Domain in Harrison County, Mississippi, against Gateway United Methodist Church (Gateway) in Gulfport, Mississippi. The suit was initiated because MTC was unable to reach an agreement with Gateway for the acquisition of .12 acres of land along a sight flare for the improvement of an intersection at United States Highway 49 and South Swan Road. The...
IRVING, P.J., for the Court: 1. Jimmy W. Zeigler filed a complaint against his sister and brother-in-law, Tim and Nanette Nolan, in the Yazoo County Circuit Court, seeking damages for breach of contract. The Nolans answered, claiming that the contract was unenforceable. After a trial on the merits, the jury returned a verdict in favor of the Nolans. Zeigler filed a motion for a judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial, which was denied by the circuit...
