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| Bailey v. Estate of Kemp, NO. 2005-CA-01468-SCT,
SUPREME COURT OF MISSISSIPPI, March 22, 2007, Decided
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Overview: A finding against a mother and her son in a contract dispute action was inappropriate in part because the trial court committed an abuse of discretion in ordering the sale or partition of the Florida property because such a result was never contemplated by the contract between the mother and son and an attorney and a specialist.
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| Fradella v. Seaberry, NO. 2005-CT-00404-SCT,
SUPREME COURT OF MISSISSIPPI, March 22, 2007, Decided
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Overview: The denial of the agent's motion to compel arbitration was inappropriate because no ambiguity existed as to the provisions of paragraph 11 and paragraph 26 of the contract and because the agent was entitled to rely on the arbitration provision since the purchasers expressly agreed to arbitrate as to the agent.
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| Jackson State Univ. v. Upsilon Epsilon Chptr. of Omega Psi Phi Fraternity, Inc., NO. 2005-IA-02020-SCT,
SUPREME COURT OF MISSISSIPPI, March 22, 2007, Decided
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Overview: In a disciplinary case involving a fraternity and two students, because the fraternity and the students failed to strictly comply with Miss. Code Ann. § 11-51-95 by failing to file a petition of certiorari and to post a bond with security, the trial court did not have jurisdiction to hear their motion for injunctive relief against the university.
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| Johnson v. Rao, NO. 2005-CA-02178-SCT,
SUPREME COURT OF MISSISSIPPI, March 22, 2007, Decided
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Overview: Patient in a medical malpractice suit contended that sheriff's service of process on physician's receptionist was sufficient; however, the service was insufficient to satisfy Miss. R. Civ. P. 4 because receptionist testified that she was not authorized agent to accept service of process for physician.
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| Ruhl v. Walton, NO. 2005-EC-02347-SCT,
SUPREME COURT OF MISSISSIPPI, March 22, 2007, Decided
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Overview: Circuit court properly found that mail-in absentee ballots that did not comply with Miss. Code Ann. § 23-15-635(1) were illegal since strict compliance was necessary; however, once it found that a losing candidate received the greatest number of legal votes, it was error to order a special election instead of utilizing Miss. Code Ann. § 23-15-951.
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| Smith v. Gilmore Mem. Hosp., Inc., NO. 2005-CT-00166-SCT,
SUPREME COURT OF MISSISSIPPI, March 22, 2007, Decided
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Overview: In surgery of a two-year-old child, physician admittedly made a mistake by operating on child's left eye, rather than child's right eye. Nevertheless, summary judgment was appropriate because child failed to designate an expert who would testify as to appropriate standard of care when nurse did not inform mother of physician's mistake.
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| Taylor v. State, NO. 2004-KA-02384-SCT,
SUPREME COURT OF MISSISSIPPI, March 22, 2007, Decided
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Overview: Trial court did not abuse its discretion by allowing prosecutor to introduce into evidence four separate instances in which the girlfriend had filed domestic violence charges against defendant under Miss. R. Evid. 404(b) because the evidence was admitted to rebut defendant's allegation that the incident was an accident and as evidence of motive.
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| Trowbridge Partners, L.P. v. Miss. Transp. Comm'n, NO. 2005-CA-02167-SCT,
SUPREME COURT OF MISSISSIPPI, March 22, 2007, Decided
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Overview: In an eminent domain proceeding, the trial court did not err in denying the landowner's motion to strike the testimony of the Mississippi Transportation Commission's expert appraiser. He was a competent expert appraiser, and his testimony regarding the fair market value of the property was relevant to the issue of just compensation.
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