ON MOTIONS FOR REHEARING RANDOLPH , Presiding Justice , for the Court: 1. The motion for rehearing filed by Appellants is denied. The motion for rehearing filed by Appellees is denied. The original opinion is withdrawn and this opinion is substituted therefor. 2. The Jackson County Circuit Court granted summary judgment in favor of Columbia Casualty Company and Continental Casualty Company 1 (collectively "Columbia"), finding there was no wrongdoing in denying coverage to four...
KITCHENS , Justice , for the Court: 1. Following this Court's reversal and remand of the murder conviction of Harvey Williams, Robert Shuler Smith, the Hinds County District Attorney, sought an order of nolle prosequi, which was granted by the circuit court. Two days later, and without notice to the accused, the judge sought to vacate his previously entered nolle prosequi order, "recuse" the district attorney, and transfer the case to the Mississippi Attorney General's Office. A...
ON WRIT OF CERTIORARI LAMAR , Justice , for the Court. 1. Jimmy Ray Chism Jr. challenges the termination of his parental rights to his son, Johnny. 1 Because we find that Jim's parental rights were wrongfully terminated, we reverse the judgments of Court of Appeals and the chancery court and remand this case to the Union County Chancery Court. FACTS AND PROCEDURAL HISTORY 2. Jimmy Ray Chism Jr. and Abby Gale Morris Chism Bright married on October 17, 2003. 2 They had one child,...
ON WRIT OF CERTIORARI DICKINSON , Presiding Justice , for the Court: 1. A chancellor held that res judicata prevented an action to set aside certain deed transfers because the issue had been raised in a conservatorship that had been closed. But because the judgment dismissing the conservatorship was not a final judgment on the merits, we reverse. FACTS AND PROCEDURAL HISTORY 2. Charles William White ("Bill") and his son Charles Thomas White ("Tommy"), were partners in a business...
KITCHENS , Justice , for the Court: 1. Today we are called upon to determine whether a county court had jurisdiction to determine child custody in a paternity action in 1999. We hold that it did not, and that county courts do not have jurisdiction to make child custody determinations ab initio. Accordingly, we must reverse the custody determination of the County Court of Lauderdale County and remand the case to the county court with instructions to transfer the proceedings to chancery...
ON MOTION FOR REHEARING ON WRIT OF CERTIORARI KITCHENS , Justice , for the Court: 1. The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor. 2. After observing LaMarcus Butler 1 turn off the lights of his vehicle and make a u-turn in an apparent effort to avoid a police roadblock, Officer Gregory Jackson engaged the blue lights and siren of his patrol car and pursued Butler, at varying speeds, until Jackson's superior...
RANDOLPH , Presiding Justice , for the Court: 1. The McTaggarts filed suit against the former trustee and trust advisor of their family trust, alleging improper handling of their trust funds. The former trustee and trust advisor moved to dismiss the case or have the case stayed pending arbitration, based on an arbitration provision in a wealth-management agreement between the former trustee and trust advisor. The trial court found that, because the McTaggarts did not sign the agreement...
ON WRIT OF CERTIORARI KING , Justice , for the Court: 1. Richard Palermo alleged that he was injured by infected tissue surgically placed into his knee. He sued LifeLink Foundation, Inc., under, inter alia, the Mississippi Products Liability Act ("MPLA"), Mississippi Code Section 11-1-63. The trial court and Court of Appeals both found that Mississippi Code Section 41-41-1, which defines the procurement, processing, storage, distribution, and use of human tissue as a "service,"...
KITCHENS , Justice , for the Court: 1. The Jefferson Davis County Youth Court held J.P., 1 a minor, in a juvenile detention facility for 103 days, then in the Jefferson Davis County Jail for thirty days more when J.P. attained age eighteen. J.P. was never adjudicated delinquent. No hearing was held on the question of his delinquency. After more than four months in custody, he was released. The court nevertheless ordered his parents to pay the nearly $10,000 cost of J.P.'s 103-day...
RANDOLPH, Presiding Justice. 1. The Jackson County Circuit Court granted summary judgment in favor of Columbia Casualty Company and Continental Casualty Company 1 (collectively "Columbia"), finding there was no wrongdoing in denying coverage to four former insureds (collectively "Ex-Agents") and Minnesota Mutual Life Insurance Company ("Minnesota Life"). The trial court also denied the Ex-Agents' and Minnesota Life's motion to strike certain affidavits and exhibits submitted by Columbia in...
WALLER, Chief Justice, for the Court: 1. Jeremy Cage appeals his conviction in the Holmes County Circuit Court for statutory rape, arguing that the trial court erred in excluding certain evidence and in denying his motion for a new trial. Cage also claims that he was denied effective assistance of counsel. Finding no reversible error, we affirm Cage's conviction and sentence. FACTS 2. At around 9:30 p.m. on August 26, 2010, thirteen-year-old A.S. 1 , 2 walked outside her house in...
COLEMAN, Justice, for the Court: 1. The motion for rehearing is denied. The original opinions are withdrawn and these opinions are substituted therefor. The instant interlocutory appeal arises from a default judgment entered against BB Buggies, Inc. and Textron, Inc. (the "Textron Parties"). The Textron Parties claim that the default judgment is void and should be set aside because they did not receive proper service of the amended complaint, they were not given notice of the default...
KITCHENS, Justice, for the Court: 1. Following the May 7, 2013, Democratic primary for the Ward 5 seat on the Greenwood City Council, the Greenwood Municipal Democratic Executive Committee certified Dorothy Ann Glenn as the winner and thus the Democratic nominee for the Ward 5 seat on the City Council. 1 Andrew Powell, the runner-up for the Democratic nomination for the Ward 5 seat, challenged the election results, contending that Glenn was not a resident of Ward 5 at the time of the...
LAMAR, Justice, for the Court: 1. EDW Investments, LLC ("EDW") filed suit against Michelle Barnett and three corporate defendants, claiming that its judgment debtor had fraudulently transferred assets to them. The trial judge granted Defendants' motion to dismiss, and EDW appeals. Finding no error, we affirm the judgment of the Madison County Circuit Court. FACTS AND PROCEDURAL HISTORY 2. EDW Investments, LLC, obtained a judgment against Techtronics, Inc. (Techtronics) in 2007. 1 On May...
COLEMAN, Justice, for the Court: 1. The Monroe County Circuit Court granted summary judgment in favor of Arch Specialty Insurance Company, finding that Arch's general liability policy did not provide coverage for the claims asserted by the wrongful death beneficiaries of William Gray. The Grays' claims of negligent hiring, negligent training, and failure to implement appropriate triage protocols arose from the performance of or failure to perform medical services, which the general liability...
RANDOLPH , Presiding Justice , for the Court: 1. Columbus Cheer Company ("CCC") entered into a rental contract for the use of school facilities. Subsequently, CCC was informed that Columbus Municipal School District ("CMSD") would not honor the contract with CCC. Thereafter, CCC filed a complaint in the Circuit Court of Lowndes County, Mississippi. 1 The complaint is styled CCC as plaintiff. The first sentence of paragraph I, Parties, reads verbatim, "[p]laintiff Columbus Cheer Company...
LAMAR, Justice, for the Court: 1. When Monsanto Company sued Mitchell Scruggs and his various agricultural entities for patent infringement in federal court, Scruggs made a demand on his commercial general liability insurer, Farmland Mutual Insurance Company. Farmland denied coverage based on Scruggs's alleged intentional conduct. Scruggs then sued Farmland, Greg Bost (the insurance agent), and Nowell Insurance Agency in state court. The circuit court ultimately granted summary judgment for...
KING, Justice. 1. Carl Richard Cook was convicted of misdemeanor driving under the influence ("DUI"), first offense, in the Rankin County Justice Court. Cook appealed to the County Court of Rankin County. At a trial de novo before the county court, Cook's counsel moved to dismiss the case, claiming that the investigatory stop which led to Cook's arrest was an illegal search and seizure because it was based on an anonymous tip that lacked sufficient indicia of reliability. The county court...
ON WRIT OF CERTIORARI WALLER , Chief Justice , for the Court: 1. In a divorce and child-custody dispute between Shannon and Mary Jane Borden, the chancellor awarded custody of their two sons to Shannon, the father. The Court of Appeals affirmed the judgment. Finding that the chancellor gave undue weight to Mary Jane's misconduct under three separate Albright factors, and that the chancellor erred in rejecting the guardian ad litem's recommendation without providing reasons and a...
COLEMAN, Justice, for the Court: 1. The instant matter is before the Court on appeal filed by Scott Favre, Cindy Favre, Constance Parker, Jefferson Parker, and Hancock County, Mississippi, against Jourdan River Estates, LLC. In its Final Judgment, the Chancery Court of Hancock County determined that Jourdan River Estates held a private 947-foot right-of-way starting about 400 feet north of the Heitzmann gate leading up to their tract, and it shared a public 340-foot right-of-way with the...
