GRIFFIS , P.J. 1. Hunter Lane Sarrett was convicted of Count I, sale of cathinone within 1,500 feet of a school; Count II, conspiracy to sell cathinone; Count III, sale of alprazolam within 1,500 feet of a school; and Count IV, conspiracy to sell alprazolam. He was sentenced to serve sixteen years, with six years suspended, on Count I; twenty years, with ten years suspended, on Count II; sixteen years, with six years suspended, on Count III; and twenty years, with ten years suspended, on...
IRVING , P.J. , FOR THE COURT: 1. Renee Baggett filed a complaint for divorce from her husband James Baggett on the bases of habitual cruel and inhuman treatment and habitual drunkenness, or, alternatively, irreconcilable differences. The Chancery Court of Wayne County dismissed her complaint after a short trial. Renee appeals, asserting that the chancery court erred in (1) dismissing her complaint in light of the overwhelming weight of the evidence proving her alleged grounds for divorce,...
IRVING , P.J. , FOR THE COURT: 1. Joseph Thompson, individually and as the administrator of the estate of Vickie Thompson, appeals the judgment of the Harrison County Chancery Court, Second Judicial District, arguing that the chancellor erred in denying his Mississippi Rule of Civil Procedure 60(b)(6) motion. 2. Finding no error, we affirm. FACTS 3. This is a breach-of-contract case that was dismissed for want of prosecution. In 2003, Thompson and his wife Vickie (hereinafter the...
GRIFFIS , P.J. , FOR THE COURT: 1. Shannon and John Westfall appeal the circuit court's dismissal of their negligence claims based on discovery violations. This case considers whether the dismissal was appropriate under Mississippi Rule of Civil Procedure 37 and Pierce v. Heritage Properties, Inc., 688 So.2d 1385 (Miss. 1997). We find reversible error and remand for further proceedings. FACTS 2. On June 3, 2013, Shannon was involved in an automobile accident in Pontotoc,...
IRVING , P.J. , FOR THE COURT: 1. Joshua Seymour, administrator of the estate of Brenda F. Seymour, appeals the judgment of the Jackson County Chancery Court, arguing that the parties' joint tenancy was terminated by Brenda's filing of her partition suit, and that the chancellor erred in failing to award Brenda's estate with one-half of the ad valorem tax payments made on the property from 2008-2012. Joshua is not alleging that the chancellor's decision was an abuse of discretion, since...
FAIR , J., FOR THE COURT: 1. John Cathcart, the alleged victim of a crime, seeks to collaterally attack a decision of the Rankin County Justice Court finding no probable cause to issue misdemeanor arrest warrants for the alleged perpetrators. The circuit court dismissed Cathcart's petitions for a writ of certiorari and mandamus. We find that Cathcart lacks standing to seek either remedy, and so we affirm. DISCUSSION 2. Cathcart alleges that, when he attempted to attend a neighborhood...
ISHEE , J. , FOR THE COURT: 1. In 2011, Frank Stockett was involved in a motor-vehicle accident with Roger Morris in Flowood, Mississippi. At the time of the accident, Morris was driving a company vehicle for Classic Manor Builders Inc. (Classic Manor). Stockett sustained injuries as a result of the accident, prompting litigation. A jury trial was held, wherein Morris and Classic Manor were found to be 100% at fault. The jury awarded Stockett $50,000. Stockett moved for a new trial or,...
WILSON , J. , FOR THE COURT: 1. Ralph "Skip" Moore was a registered representative of Massachusetts Mutual Life Insurance Company (MassMutual) and a unit sales manager for Collins Financial Network (CFN). Holly Morgan had known Moore for twenty-five years. In February 2009, Morgan gave Moore $20,000 in cash. She says the cash was for an unspecified "investment" and that Moore promised an eighteen to twenty-five percent return in only six months. However, Moore says that Morgan asked him...
IRVING , P.J. , FOR THE COURT: 1. John Calvin Howard attended a party at the Claiborne County Convention Center (Convention Center), where he was assaulted by a group of fellow partygoers and sustained injuries. Howard brought suit against the following: Linda Walker, the owner of the Convention Center, in her individual capacity and doing business as Rolin Enterprises, LLC (Rolin); Charlie Norrell, who provided security services for the party, in his individual capacity and doing...
BARNES , J. , FOR THE COURT: 1. This case stems from a divorce action filed by Craig Burge against Kelly Burge in the Lamar County Chancery Court. Craig and Kelly had two children together, and Kelly also had physical custody of her two children born of a prior marriage to Chadwick Sharff (Chad). In Craig's complaint for divorce, among other matters, he sought physical and legal custody of all four children, claiming he acts in loco parentis as to the two Sharff children. Subsequently,...
WILSON , J. , FOR THE COURT: 1. Jeff and Nancy Stroh agreed to an irreconcilable differences divorce and agreed that the Rankin County Chancery Court would determine and distribute the marital estate and rule on Nancy's claim for alimony. After a two-day trial, the chancellor entered an opinion and final judgment dividing the marital estate and awarding Nancy periodic alimony. On appeal, Jeff alleges that the chancellor erred (I) by not including Nancy's residence in the equitable...
GRIFFIS , P.J. , FOR THE COURT: 1. Clonelle Shields appeals the Madison County Circuit Court's dismissal of his petition for post-conviction collateral relief (PCCR) and the denial of his request for a parole-eligibility hearing. We find no error and affirm the circuit court. FACTS AND PROCEDURAL HISTORY 2. On June 24, 2010, Shields pled guilty to three counts of business burglary, two counts of simple assault on a law enforcement officer, and possession of cocaine. The circuit judge...
WESTBROOKS , J. , FOR THE COURT: 1. This is an appeal from the Circuit Court of the First Judicial District of Hinds County. The Jackson Housing Authority ("JHA") brought a civil lawsuit against Annie Figures and requested an order of eviction. The justice court ruled for the Jackson Housing Authority. Figures appealed to the County Court of Hinds County, which held a de novo trial and issued a judgment of eviction. Figures appealed to the Circuit Court of Hinds County, which affirmed the...
LEE , C.J. , FOR THE COURT: 1. In this case, we must determine whether the chancellor erred in finding both Victor Byas and Mary Byas in contempt. Because the record contains insufficient evidence of contempt regarding both Victor and Mary, we reverse and render. PROCEDURAL HISTORY 2. This case stems from a probate matter filed by Paulette Byas in the Sunflower County Chancery Court. Paulette's mother, Vivian Byas, died on June 18, 2014. Victor, Mary, and Paulette are three of Vivian'...
GREENLEE , J. , FOR THE COURT: 1. Gerboria Mayfield died at Baptist Memorial Hospital-Golden Triangle (BMH-GT) following complications from a cesarian section. Jimi Mosely, as representative of Mayfield's estate, brought a wrongful-death action based on the tort of medical negligence against Mayfield's doctor, Gregory Childrey, 1 and against BMH-GT ( Mosely I ). BMH-GT was dismissed without prejudice from the action pretrial due to Mosely's inadequate pleading as to causation. Mosely'...
WILSON , J. , FOR THE COURT: 1. Paul and Janice Berlin are residents of Livingston, a covenant-restricted community in Madison County. Their 3.56-acre lakefront lot is subject to a maintenance easement that extends twenty feet onto their property from the lake's highwater mark. Their lot is also subject to a covenant requiring them to obtain approval from the Architectural Review Committee (ARC) of the Livingston Property Owners Association (LPOA) prior to beginning construction of fences...
GRIFFIS , P.J. , FOR THE COURT: 1. Bridget Warren Holman appeals the chancellor's findings regarding the distribution of marital property, the award of attorney's fees, and child support. Upon review, we affirm in part, and reverse and remand in part. FACTS AND PROCEDURAL HISTORY 2. Bridget and David "Scott" Holman were married July 10, 2003. They have two minor children together, and Bridget has a minor child from a previous relationship. 3. On January 15, 2013, Bridget filed for...
WILSON , J. , FOR THE COURT: 1. On April 28, 2012, Tiffany Griffin attended a charity baseball tournament held at fields owned and maintained by the Grenada Youth League (GYL), a nonprofit corporation. Griffin's sons were on teams playing in the tournament. As she walked down a grassy hill from the parking lot to the ballfields, Griffin fell and suffered a broken ankle. Griffin sued GYL on a premises liability theory in the Grenada County Circuit Court. She alleges that she fell because...
MODIFIED OPINION ON MOTION FOR REHEARING BARNES , J. , FOR THE COURT: 1. The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted in its place. 2. This appeal stems from a complaint filed on February 19, 2013, by Brenda Franklin, a tenant of Golden Age Apartments, against Cornelius Turner d/b/a Golden Age Apartments and Major Management (collectively referred to as "Turner"), and Robert Swinney, seeking $1,000,000 in damages....
WILSON , J. , FOR THE COURT: 1. Walter Williams was the public works director for the City of Belzoni until the board of aldermen voted not to renew his employment. Williams did not exercise his statutory right to appeal the board's decision to circuit court. Instead, more than a year later, he filed an independent lawsuit against the city and one alderman (Gary Farmer) in circuit court, asserting claims for defamation and "wrongful termination." Williams purported to proceed under the...
