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| Barksdale v. Carroll, NO. 2004-CA-01859-COA,
COURT OF APPEALS OF MISSISSIPPI, March 14, 2006, Decided
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Overview: In suit by decedent's husband, after review of Miss. Code Ann. § 11-46-1(f) and five part test regarding whether doctor was a state employee or not, it was determined that doctor was an employee of the University of Mississippi Medical Center and State for purposes of liability under Mississippi Torts Claims Act. Thus, he was entitled to immunity.
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| Brakefield v. Public Emples. Ret. Sys., NO. 2003-CC-01680-COA,
COURT OF APPEALS OF MISSISSIPPI, March 14, 2006, Decided
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Overview: Circuit court did not err in affirming decision of the Public Employees' Retirement System of Mississippi in denying employee's application for disability retirement benefits where the employee failed to prove that the decision was unsupported by substantial evidence; employee was not denied any statutory right under Miss. Code Ann. § 25-11-113.
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| Cook v. Robinson, NO. 2004-CA-01340-COA,
COURT OF APPEALS OF MISSISSIPPI, March 14, 2006, Decided
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Overview: Pursuant to Miss. Code Ann. § 15-1-13(1), neighbor's father's act of erecting a fence did not establish that the property was exclusive to the neighbor. Neighbor's act of cutting and planting pine trees on a portion of the property resulted in adverse possession, but where she did not cut or plant trees, she did not adversely possess that property.
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| Davis v. Forrest Royale Apts., NO. 2005-CA-00919-COA,
COURT OF APPEALS OF MISSISSIPPI, March 14, 2006, Decided
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Overview: Mississippi Tort Claims Act, Miss. Code Ann. § 11-46-1 et seq., did apply to resident's personal injury suit against apartment complex as Miss. Code Ann. § 11-46-3 explicitly mentioned immunity pertaining to proprietary functions; under Miss. Code Ann. § 11-46-7(1), resident was under duty to exercise due diligence in ascertaining proper defendant.
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| Dobbins v. City of Starkville, NO. 2005-KM-00499-COA,
COURT OF APPEALS OF MISSISSIPPI, March 14, 2006, Decided
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Overview: Where defendant was convicted of DUI, the Intoxilyzer machine used to determine defendant's BAC was calibrated thirteen days prior to its use; the testing requirements of Miss. Code Ann. § 63-11-19 were satisfied. The lower court did not err by overruling defendant's objection to BAC readings from the Intoxilyzer 5000.
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| Eagle Pac. Ins. Co. v. Quintanilla, NO. 2004-CA-02516-COA,
COURT OF APPEALS OF MISSISSIPPI, March 14, 2006, Decided
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Overview: Insurer's motion to intervene was properly denied where the contract between the contractor and employer, the insurer's insured, was not invalidated by Miss. Code Ann. § 31-5-41; contractor did not contract with the employer for the employer to perform construction work or other work dealing with construction; employer provided contract welders.
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| Elliott v. State, NO. 2004-CP-02428-COA,
COURT OF APPEALS OF MISSISSIPPI, March 14, 2006, Decided
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Overview: Appellate court affirmed the denial of an inmate's motion for post-conviction relief as the inmate acknowledged that the recommended post-release supervision would be five years, and Miss. Code Ann. § 47-7-34 authorized post-release supervision up to five years.
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| Jordan v. State, NO. 2004-CP-02332-COA,
COURT OF APPEALS OF MISSISSIPPI, March 14, 2006, Decided
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Overview: Appellant's third motion for post-conviction relief was properly denied in a capital murder case as a successive writ; because appellant's two previous motions for post-conviction relief had been denied, appellant's successive motion for post-conviction relief was barred under Miss. Code Ann. § 99-39-23(6).
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| Lofton v. Lofton, NO. 2004-CA-01448-COA,
COURT OF APPEALS OF MISSISSIPPI, March 14, 2006, Decided
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Overview: Husband's divorce complaint did not allege that marital domicile or wife's residence was in Florida; thus, Florida court did not obtain personal jurisdiction over wife under long arm statute, Fla. Stat. Ann. § 48.193, and its judgment was not res judicata over her alimony claim. Thus, alimony issue was properly before a Mississippi chancery court.
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| Miss. Empl. Sec. Comm'n v. Ward, NO. 2004-CC-02320-COA,
COURT OF APPEALS OF MISSISSIPPI, March 14, 2006, Decided
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Overview: Where a claimant was denied unemployment compensation benefits by the Mississippi Employment Security Commission, he initiated a timely appeal by filing a second interstate claim form within the fourteen day deadline set forth in Miss. Code Ann. § 71-5-519.
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