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| Adams v. Greenpoint Credit, LLC, NO. 2004-CA-02415-COA,
COURT OF APPEALS OF MISSISSIPPI, January 24, 2006, Decided
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Overview: In father and daughter's suit against bank for fraud, court erred in ordering both father and daughter to submit to arbitration because daughter did not sign agreement to arbitrate and did not directly benefit from financing agreement that father and his wife signed; daughter's claims were stayed until arbitration on father's claims was completed.
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| Dean v. Kavanaugh, NO. 2004-CA-01144-COA,
COURT OF APPEALS OF MISSISSIPPI, January 24, 2006, Decided
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Overview: In suit brought by survivors against a joint tenant of a bank account to recover account proceeds, chancellor properly ruled for survivors because decedent and joint tenant were involved in a relationship forbidden by law, pursuant to Miss. Code Ann. § 97-29-1, giving rise to presumption of undue influence, which joint tenant failed to rebut.
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| Duhart v. State, NO. 2004-KP-01168-COA,
COURT OF APPEALS OF MISSISSIPPI, January 24, 2006, Decided
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Overview: Defendant was convicted of forgery. Evidence was sufficient to sustain conviction, pursuant to Miss. Code Ann. § 97-21-59, and trial court did not err in failing to suppress identification testimony because, inter alia, store clerk that cashed check did not waver in identification.
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| Guice v. State, NO. 2004-KA-01931-COA,
COURT OF APPEALS OF MISSISSIPPI, January 24, 2006, Decided
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Overview: Time elapsing from date of defendant's arrest to first day of his trial was over 31 months, and delay was presumptively prejudicial, but the most significant factors were his failures to demand a speedy trial and his failure to demonstrate how his incarceration and delay caused him actual prejudice. His right under Sixth Amendment was not violated.
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| Jones v. Miss. Transp. Comm'n, NO. 2004-CA-00890-COA,
COURT OF APPEALS OF MISSISSIPPI, January 24, 2006, Decided
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Overview: Judgment was properly awarded to Mississippi Transportation Commission (MTC) in plaintiff's negligence action under Mississippi Tort Claims Act, Miss. Code Ann. § 11-46-9(1)(v)-(w) (Rev. 2005), where substantial evidence showed that the MTC had no notice of defective shoulder; plaintiff produced no evidence that defect was noticeable upon passing.
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| Mauldin Co. v. Lee Tractor Co., NO. 2004-CA-02150-COA,
COURT OF APPEALS OF MISSISSIPPI, January 24, 2006, Decided
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Overview: Despite apparent past dealings between parties, nothing indicated that transaction was predicated upon advance agreement to allow purchases on credit. It was not an action on an open account per Miss. Code Ann. § 11-53-81, but more properly characterized as an action in contract. Court's ruling and judgment regarding attorney's fees were in error.
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| Santangelo v. Green, NO. 2004-CA-01523-COA,
COURT OF APPEALS OF MISSISSIPPI, January 24, 2006, Decided
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Overview: Summary judgment was properly awarded to doctor in a patient's medical malpractice suit where patient's amended complaint, in which she added doctor as defendant, was not proper Miss. R. Civ. P. 9(h) substitution because amended complaint had not replaced John Doe defendant with doctor; amendment was made after expiration of statute of limitations.
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| Walker v. State, NO. 2005-KA-00081-COA,
COURT OF APPEALS OF MISSISSIPPI, January 24, 2006, Decided
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Overview: The trial court's Batson findings as to an African American juror were clearly erroneous where it initially found the State's reasons to be insufficiently race-neutral; therefore, the addition of another African American juror could not alter this conclusion.
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