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| Glenn v. Overhead Door Corp., NO. 2004-CA-01248-COA,
COURT OF APPEALS OF MISSISSIPPI, January 17, 2006, Decided
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Overview: A grant of summary judgment against the father in his action against the manufacturer and seller under theories of strict liability and negligence alleging a design defect in a garage door opener and a failure to warn, was proper pursuant to Miss. Code Ann. § 11-1-63(f)(ii) where the opener functioned as it was supposed to function.
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| Breland v. Breland, NO. 2005-CA-00449-COA,
COURT OF APPEALS OF MISSISSIPPI, January 17, 2006, Decided
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Overview: Trial court did not err by not ruling that the judgment of divorce was void and, consequently, that the citation of contempt against the father for failing to pay child support was void as the mandates of Miss. Code Ann. § 93-5-2(5) were inapplicable; the father filed neither an answer to the complaint for divorce, nor a counterclaim.
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| Chatman v. State, NO. 2004-CP-01834-COA,
COURT OF APPEALS OF MISSISSIPPI, January 17, 2006, Decided
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Overview: Appellate court affirmed the denial of an inmate's petition for post-conviction relief because Miss. Code Ann. § 99-39-5(2) required that the petition be filed within 3 years of his conviction, and the inmate's petition was time-barred.
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| Cole v. State, NO. 2004-CP-01353-COA,
COURT OF APPEALS OF MISSISSIPPI, January 17, 2006, Decided
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Overview: Defendant's plea was entered voluntarily and intelligently where he expressly acknowledged his understanding of the Alford plea and its consequences while under oath. Defendant answered affirmatively as to whether he understood charges against him, and did not deny any charges as it was read. Defendant did not prove that counsel was ineffective.
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| Engel v. Engel, NO. 2004-CA-02471-COA,
COURT OF APPEALS OF MISSISSIPPI, January 17, 2006, Decided
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Overview: Although a wife did not show prejudice as a result of a lower court's failure to comply with Miss. Code Ann. § 93-5-2 (Rev. 2004) by requiring the parties to sign a consent to adjudicate a divorce action, the fact that the husband failed to file an appellate brief prevented an appellate court from concluding that equity did not warrant reversal.
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| Franks v. Foam Craft, NO. 2004-WC-02363-COA,
COURT OF APPEALS OF MISSISSIPPI, January 17, 2006, Decided
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Overview: Workers' compensation properly affirmed the administrative law judge's denial of an employee's claim for workers' compensation benefits as there was substantial evidence showing that she failed to meet her burden of proof that her injury was work-related.
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| Goff v. Coe, NO. 2004-CA-02281-COA,
COURT OF APPEALS OF MISSISSIPPI, January 17, 2006, Decided
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Overview: A grant of summary judgment in favor of the provider and eye clinic in the patient and her spouse's personal injury action was proper where there was no evidence that a stool was defective or unreasonably dangerous. Nor was there any evidence that some other unreasonably dangerous condition existed, causing the stool to move from underneath her.
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| Gray v. State, NO. 2004-KA-00256-COA,
COURT OF APPEALS OF MISSISSIPPI, January 17, 2006, Decided
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Overview: While the State violated Miss. Unif. Cir. & County Ct. Prac. R. 9.04(A)(3) during defendant's trial by failing to provide defendant or his attorneys with copies of his prior false pretenses convictions, no miscarriage of justice occurred because even without introduction of convictions, defendant's conflicting statements impaired his credibility.
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| Harrison County Dev. Comm'n v. Kinney, NO. 2004-CA-00901-COA,
COURT OF APPEALS OF MISSISSIPPI, January 17, 2006, Decided
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Overview: Where county development commission willfully and knowingly denied citizen access to certain records related to a planned development (in part, by unilaterally requiring fees that were not part of its policy), it violated Mississippi Public Records Act of 1983, §§ 25-61-1 to 25-61-17. Civil penalty and award of attorney fees to citizen was proper.
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| Ladner v. Stone County, NO. 2004-CA-00999-COA,
COURT OF APPEALS OF MISSISSIPPI, January 17, 2006, Decided
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Overview: Trial court properly dismissed State Aid defendants from driver's negligence suit as they did not have duty to repair or maintain bridge where accident occurred; under Mississippi Claims Tort Act, Miss. Code Ann. § 11-46-1 et seq., county was not immune from duty to properly maintain and repair bridge and its duty to warn of a dangerous condition.
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