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| Miss. Bar v. Inserra, No. 2005-BD-01967-SCT,
SUPREME COURT OF MISSISSIPPI, February 22, 2006, Decided
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Overview: In an attorney disciplinary proceeding, public reprimand was imposed because attorney had already been suspended by supreme court in another state, and other state's disciplinary action was conclusive proof of a disciplinary violation, pursuant to Miss. R. Disc. St. Bar 13.
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| Canadian National/Illinois Cent. R.R. v. Smith, NO. 2005-IA-01473-SCT,
SUPREME COURT OF MISSISSIPPI, February 23, 2006, Decided
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Overview: In railroad workers' negligence action against a railroad where their claims were severed under Miss. R. Civ. P. 21 and one claim was allowed to go forward, the supreme court ruled that the misjoined workers should have been allowed to proceed with separate actions in the forum court, if venue was proper.
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| Citifinancial Retail Servs. v. Hooks, NO. 2004-IA-02512-SCT,
SUPREME COURT OF MISSISSIPPI, February 23, 2006, Decided
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Overview: Appellate court reversed the denial of a finance company's summary judgment motion because there was no dispute that plaintiffs bought the relevant rugs on August 18 and thus, under the ninety days same as cash basis, the total amount was due by November 16 to avoid finance charges, and plaintiffs' payment was received on November 22.
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| MS Credit Ctr., Inc. v. Horton, NO. 2004-CA-01699-SCT,
SUPREME COURT OF MISSISSIPPI, February 23, 2006, Decided
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Overview: The denial of the company's motion to compel arbitration was proper where an eight month unjustified delay in the assertion and pursuit of any affirmative defense or other right which, if timely pursued, could serve to terminate the litigation, coupled with active participation in the litigation process, constituted waiver as a matter of law.
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| Fogarty v. Fogarty, NO. 2004-CA-02244-COA,
COURT OF APPEALS OF MISSISSIPPI, February 28, 2006, Decided
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Overview: Although an ex-wife was divested of her interest in marital home, she received two years free rent at home, valued at $ 9,600, as compensation for her interest in home; thus, ex-husband was entitled to sole ownership of home. Also, based on division of property, the two year rehabilitative alimony of $ 200 per month awarded to wife was appropriate.
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| Gaston v. State, NO. 2005-CP-00107-COA,
COURT OF APPEALS OF MISSISSIPPI, February 28, 2006, Decided
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Overview: Order dismissing defendant's second motion for postconviction relief was upheld where it was filed after expiration of the limitations period in Miss. Code Ann. § 99-39-5(2). No statutory exception was applicable; defendant did not claim hat his sentence had expired or that his probation, parole, or conditional release had been unlawfully revoked.
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| Ross v. Epps, NO. 2005-CP-00430-COA,
COURT OF APPEALS OF MISSISSIPPI, February 28, 2006, Decided
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Overview: Court properly found that Miss. Code Ann. § 47-5-138.1 (Rev. 2004) was not ex post facto law because even though the amended statute held that offender was not eligible for trusty status if the offender was convicted of trafficking in controlled substances, defendant continued to receive the 10 days for 30 days time benefit under the prior statute.
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| Serv. Elec. Supply Co. v. Hazlehurst Lumber Co., NO. 2004-CA-02135-COA,
COURT OF APPEALS OF MISSISSIPPI, February 28, 2006, Decided
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Overview: A supplier who provided materials to a contractor on a job site was not entitled to recover the value of unpaid materials from the owner; the trial court properly granted summary judgment as no contract existed between the supplier and the owner. The supplier should have served the owner with a stop notice pursuant to Miss. Code Ann. § 85-7-181.
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| Thornton v. Thornton (In re Estate of Thornton), NO. 2004-CA-02167-COA,
COURT OF APPEALS OF MISSISSIPPI, February 28, 2006, Decided
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Overview: Where decedent quitclaimed forty acres to herself and her grandson as joint tenants just prior to her death, the deed was set aside as the product of undue influence. The court did not err by admitting her second will to probate, leaving most of her estate to her grandson. The second will was not the result of undue influence.
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| Troupe v. State, NO. 2004-CP-02432-COA,
COURT OF APPEALS OF MISSISSIPPI, February 28, 2006, Decided
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Overview: In a possession of cocaine case, defendant was not denied effective assistance of counsel when his attorney failed to object to the jurisdiction of the trial court when the State amended the indictment to include the habitual offender charge as the trial court had jurisdiction under Miss. Unif. Cir. & Cty. R. 7.09.
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