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| In re Local Rules for the Sixth Chancery Court Dist., No. 89-R-99015-SCT,
SUPREME COURT OF MISSISSIPPI, February 14, 2007, Decided
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| Cousin v. Enter. Leasing Company-South Cent., Inc., NO. 2006-CA-00478-SCT,
SUPREME COURT OF MISSISSIPPI, February 15, 2007, Decided
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Overview: Because defendant rental car rental company checked the renter's facially valid license according to the procedures set forth in Miss. Code Ann. § 63-1-67(2) and (3) (even though the renter's license had been suspended), the trial judge did not err in granting summary judgment in favor of the company on plaintiffs' negligence per se action.
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| Dinet v. Gavagnie, NO. 2005-CA-01438-SCT,
SUPREME COURT OF MISSISSIPPI, February 15, 2007, Decided
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Overview: Although plaintiffs were originally represented by foreign counsel, who was not licensed to practice law in Mississippi and had not been admitted pro hac vice under Miss. R. App. P. 46, dismissal was improper as a subsequent appearance by a member of the Mississippi Bar cured the error. Sanctions against the foreign attorney were warranted.
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| Floyd v. Floyd, NO. 2005-CA-02270-SCT,
SUPREME COURT OF MISSISSIPPI, February 15, 2007, Decided
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Overview: Reversal of a trial court's denial of a mother's request for modification of a child custody order was required because, although a guardian ad litem was properly appointed under Miss. Code Ann. § 93-5-23 based on allegations of abuse, the chancellor rejected the guardian's recommendations but did not state the reasons for doing so in the order.
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| Lynch v. State, NO. 2004-DR-01085-SCT,
SUPREME COURT OF MISSISSIPPI, February 15, 2007, Decided
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Overview: Petitioner was entitled to a postconviction hearing on his claim of ineffective assistance of counsel; because trial counsel also served as appellant counsel, the claim was not procedurally barred by Miss. Code Ann. § 99-39-21 as counsel could not be realistically expected to preserve the issue of ineffective assistance as to his own performance.
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| Payne v. Whitten, NO. 2004-CT-01905,
SUPREME COURT OF MISSISSIPPI, February 15, 2007, Decided
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Overview: Trial judge did not abuse his discretion by denying plaintiff passenger relief for defendant driver's discovery violations in a personal injury action (the driver testified for the first time at trial that the passenger had been kissing him just before the accident occurred) because the passenger had the opportunity to impeach the driver.
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| Pollard v. Sherwin-Williams Co., NO. 2003-CT-02030-SCT,
SUPREME COURT OF MISSISSIPPI, February 15, 2007, Decided
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Overview: Trial court improperly granted, and appellate court improperly affirmed, summary judgment to company in suit alleging that child was injured by ingesting lead found in paint manufactured by company because child's claims were not untimely as they accrued when he was minor and were, therefore, subject to savings statute, Miss. Code Ann. § 15-1-59.
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| W.A.S. v. A.L.G., NO. 2005-CA-02313-SCT,
SUPREME COURT OF MISSISSIPPI, February 15, 2007, Decided
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Overview: Chancellor did not commit manifest error in terminating a biological father's parental rights to his minor child in an adoption proceeding pursuant to Miss. Code Ann. § 93-15-103(3)(b), where the biological father had absented himself from the child's life for a period of at least two years.
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