Justia Civil Procedure Opinion Summaries

Jim Harreld and Karl Banks ran for the position of District 4 Supervisor in Madison County, Mississippi. Banks won the November 5, 2019 election by fifty-seven votes. The Madison County Election Commission certified Banks as the winner of the election. Harreld challenged the election and asked the trial court to order a special election or to declare him the winner of the November election. The Madison County Circuit Court affirmed the election as certified. Harreld appealed. Finding no reversible error in the circuit court's order, the Mississippi Supreme Court affirmed. View "Harreld v. Banks" on Justia Law

In September 2019, Robert McGowen filed a complaint in circuit court alleging that he had been sexually abused by a priest at Sacred Heart Catholic Church in 1984 and 1985 when McGowen was twelve to thirteen years old. According to McGowen, he repressed the memories until December 2018. Sacred Heart Catholic Church and the Roman Catholic Diocese of Biloxi answered the complaint and moved to dismiss based on the expiration of the statute of limitations in Mississippi Code Section 15-1-49. In April 2020, the circuit court entered an order dismissing the complaint without prejudice. McGowen appealed. Accepting the allegations in the complaint as true, the Mississippi Supreme Court concluded the trial court erred by finding that McGowen failed to state a claim. "Based on the allegations, we cannot agree that there is no set of facts upon which McGowan could recover; the decision of the circuit court is reversed and remanded." View "McGowen v. Roman Catholic Diocese of Biloxi" on Justia Law

Jean Hardin filed a claim with Farm Bureau, her homeowner’s insurance carrier, following an alleged sudden collapse in the floor of her home. After Farm Bureau denied the claim, Hardin sued Farm Bureau for specific performance, breach of contract, fraud, misrepresentation, damages, emotional harm and upset, depression, attorneys’ fees, costs of litigation, and punitive damages related to Farm Bureau’s denial of coverage for damage to Hardin’s home. Farm Bureau filed a motion for summary judgment, which the trial court denied. Farm Bureau sought, and the Mississippi Supreme Court granted, interlocutory appeal. The Court reversed, finding the trial court erred in denying Farm Bureau’s motion for summary judgment because Hardin demonstrated proof that the water damage to her home was caused by the failure of the Town of Leakesville to maintain the ditch beside her home. Thus, because Hardin’s damages were not covered under the policy, Farm Bureau was entitled to summary judgment. View "Mississippi Farm Bureau Casualty Insurance Company v. Hardin" on Justia Law

Mississippi Baptist Medical Center (MBMC) sought, and the Mississippi Supreme Court granted interlocutory appeal challenging a circuit court's denial of its motion for summary judgment. Mississippi Baptist Health System (MBHS) also appealed the circuit court’s order granting summary judgment in its favor, claiming that the circuit court erred by granting the judgment without prejudice instead of with prejudice. In 2016, Roosevelt Ard arrived at the emergency room at MBMC complaining of chest pain and leg numbness after earlier undergoing an outpatient cardiac stress test. Ard was checked by two nurses and seen by an emergency room physician, Dr. William Dawson, an emergency-medicine physician employed by Mississippi Physicians, LLP. Dr. Dawson ordered one shot of Dilaudid for Ard’s pain. He then ordered a chest X-ray and EKG, which were both normal, ruling out cardiovascular issues. Dr. Dawson diagnosed Ard with acute back strain and discharged him with a prescription for oral pain relief and muscle relaxants. Eight hours after being discharged, Ard became unresponsive at home and was rushed to the emergency room at University of Mississippi Medical Center (UMMC) via ambulance, where he was pronounced dead after cardiac arrest. Ard’s autopsy report showed that the cause of death was aortic dissection. Plaintiffs, Ard's family, filed a complaint against MBMC, MBHS, Dr. Dawson, and Mississippi Physicians, arguing: (1) MBMC was vicariously liable for the medical care rendered by Dr. Dawson at MBMC’s emergency department; and (2) MBMC was vicariously liable for the allegedly negligent care provided by its nursing employees in the emergency department. After the Plaintiffs did not answer MBMC and Dr. Dawson’s propounded discovery for two years, MBMC filed a motion for summary judgment. MBMC claimed it was not vicariously liable and that negligence could not have proximately caused Ard’s injuries. The Mississippi Supreme Court found that the circuit erred by denying MBMC’s motion for summary judgment since the Plaintiffs failed to establish the element of causation in their medical-malpractice claim against MBMC. The Court also found that the circuit court erred by not dismissing the Plaintiffs’ claims against MBHS with prejudice. View "Mississippi Baptist Health Systems Inc. et al. v. Harris" on Justia Law

Attorney Malcolm Murphy requested his client, Kenneth Borries, sign three promissory notes for legal services rendered. After Borries failed to pay the notes, Murphy filed suit. Borries appealed a trial court’s grant of summary judgment in favor of Murphy. Because Borries did not deny voluntarily signing the promissory notes and because the notes contained clear and unambiguous terms, the Mississippi Supreme Court affirmed the trial court’s grant of summary judgment in favor of Murphy. View "Borries v. Murphy" on Justia Law

Will Hughes and Chad Penn were commercial farmers who leased farmland in Madison County, Mississippi. They began using propane cannons in the summer months to deter deer from eating their crops. Because of the intentionally loud noise these devices created, neighboring property owners sought to enjoin Hughes and Penn from using the cannons. But citing the Mississippi Right to Farm Act, the chancellor found the neighbors’ nuisance claim was barred. Undisputedly, Hughes’s and Penn’s farms had been in operation for many years before the nuisance action was filed. So the chancery court ruled Miss. Code Ann. Section 95-3-29(1) was an absolute defense and dismissed the neighbors’ nuisance action. On appeal, the neighboring property owners argued the chancery court misinterpreted the statute. In their view, the chancery court erred by looking to how long the farms had been in operation instead of how long the practice of propane cannons had been in place. But the Mississippi Supreme Court found their proposed view contradicted the statute’s plain language. "The one-year time limitation in Section 95-3-29(1) does not hinge on the existence of any specific agricultural practice. Instead, it is expressly based on the existence of the agricultural operation, which 'includes, without limitation, any facility or production site for the production and processing of crops . . . .'" Applying the plain language in Section 95-3-29(2)(a), the Supreme Court found the properties being farmed were without question agricultural operations. And the propane cannons were part of those operations, because they were part of the farms’ best agricultural-management practices. Since the farms had been in operation for more than one year, the chancellor was correct to apply Section 95-3-29(1)’s bar. View "Briggs v. Hughes" on Justia Law

Larry Chapin Hesler II, an inmate in the custody of the Mississippi Department of Corrections (MDOC), filed a petition for certiorari review of the Mississippi Court of Appeals’ decision to remand his action to the circuit court for dismissal due to lack of jurisdiction. In 2018, Hesler received a Rule Violation Report (RVR) after his alleged involvement in an altercation with another inmate. Hesler filed a complaint through the MDOC’s Administrative Remedy Program (ARP). The warden upheld the RVR, and Hesler received notice of the final decision on April 17, 2019. Hesler then filed a petition for judicial review to the circuit court, which was later dismissed as untimely. On appeal to the Court of Appeals, Hesler argued the circuit court erred in dismissing his petition as untimely. The Court of Appeals reversed, finding that Hesler mailed his petition for judicial review less than 30 days after he received notice of the final decision, however, he failed to provide notice to the parties of his intent to seek judicial review. Therefore, the appellate court held the circuit court lacked personal jurisdiction, vacated the judgment, and remanded for dismissal. The Mississippi Supreme Court found the Court of Appeals majority erred, and reversed the decisions of the Court of Appeals and the circuit court. View "Hesler v. Alcorn County Correctional Facility" on Justia Law

Two cases were consolidated for review. In the first, Amanda Boyd and George Ben Ratcliff Jr. (George Ben Jr.) filed a complaint challenging an inter vivos gift of real property to Patricia Smith, which ended in the trial court’s grant of summary judgment to Smith. Boyd and George Ben Jr. appeal the trial court’s grant of summary judgment in Smith’s favor. In the second, the trial court granted summary judgment to Patricia Smith in a will contest filed by Boyd and her brother George Ben Jr. The trial court granted summary judgment pursuant to Mississippi Code Section 91-7-23 (Rev. 2018), which provides a two- year statute of limitations to contest a probated will. Finding no reversible error in either case, the Mississippi Supreme Court affirmed the chancery court. View "Boyd v. Smith" on Justia Law

Bennie Stapleton sued GEICO for abusing the judicial process after GEICO obtained a default judgment against him that was later set aside. An interlocutory appeal arose from the circuit court's denial of GEICO’s motion to dismiss Stapleton’s complaint on statute-of-limitations grounds. The Mississippi Supreme Court took the opportunity presented by this case to overrule the recent judicial expansion of Mississippi Code Section 15-1-35 (Rev. 2019) because earlier Supreme Court decisions "strayed too far from the statute’s clear text." The Supreme Court affirmed the circuit court’s order and remanded the case for further proceedings. View "GEICO Casualty Company, et al. v. Stapleton" on Justia Law

Two cases consolidated for the Mississippi Supreme Court's review presented common questions of the validity of a cause of action brought by the Mississippi Attorney General under the Mississippi Consumer Protection Act, Mississippi Code Section 75-24-5. The first was whether the Act covered the State’s claim, and the second was whether that claim was preempted by federal law. In 2014, the State commenced an action against Johnson & Johnson for what it alleged to have been unlawful, unfair, and deceptive business practices related to its cosmetic talcum powder products. Specifically, the State alleged that Johnson & Johnson failed to warn of the risk of ovarian cancer in women who used talc. The Chancery Court denied the summary judgment motion made by Johnson & Johnson and Johnson & Johnson Consumer, Inc. Johnson & Johnson then filed an interlocutory appeal of the chancellor’s decision, which the Supreme Court granted. The Court concluded the Act did not exclude the State's talc labeling claim. Further, because of the lack of any specific requirement by the Food and Drug Administration, the State’s claim was not barred by the principles of express or implied preemption. Therefore, the judgment of the Chancery Court was affirmed, and the case was remanded for further proceedings. View "Johnson & Johnson Consumer Companies, Inc. v. Fitch" on Justia Law