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   State Courts - Mississippi - March 28, 2006

  
Funderburk v. Johnson, NO. 2004-CA-01446-COA, COURT OF APPEALS OF MISSISSIPPI, March 28, 2006, Decided
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Overview: Where employer charged former employee with embezzlement and employee was acquitted, evidence was insufficient to sustain claim of malicious prosecution because employee did not show that owner had intent to charge employee to collect insurance rather than to bring her to justice, and employee did not establish element of malice.

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Guy v. Box, NO. 2005-CP-00279-COA, COURT OF APPEALS OF MISSISSIPPI, March 28, 2006, Decided
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Overview: Inmate's appeal of dismissal of his claim against the Mississippi Department of Correction's (MDOC) calculation of his time to serve was moot as he had not exhausted his internal remedies at MDOC. Pursuant to Miss. Code Ann. § 47-5-139(1)(e), an inmate was not entitled to receive earned time until he had served mandatory portion of sentence.

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John Mozingo Real Estate & Auction, Inc. v. Nat'l Auction Group, Inc., NO. 2004-CA-01682-COA, COURT OF APPEALS OF MISSISSIPPI, March 28, 2006, Decided
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Overview: Appellate court affirmed a grant of summary judgment in favor of defendants as plaintiff had admitted it had no contract with a group of property owners to auction their property, but denied defendants' request for attorney fees under Miss. Code Ann. § 11-55-1 as court could not state that plaintiff's claim was substantially without justification.

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Johnson v. Burns-Tutor, NO. 2005-CA-00159-COA, COURT OF APPEALS OF MISSISSIPPI, March 28, 2006, Decided
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Overview: The circuit court properly granted summary judgment to the doctor on appellants' medical negligence claim where appellants failed to designate a medical expert witness, pursuant to Miss. R. Civ. P. 26, and could not make a showing sufficient to establish the existence of an essential element of their case.

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Lyons v. Biloxi H.M.A., Inc., NO. 2005-CA-00193-COA, COURT OF APPEALS OF MISSISSIPPI, March 28, 2006, Decided
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Overview: Grant of summary judgment in favor a medical center and a rehabilitation facility was affirmed as individual did not have an expert to testify as to whether care provided by defendants in lifting individual after hip replacement surgery deviated from the appropriate standard of care, and such knowledge was not within the common knowledge of laymen.

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Majors v. State, NO. 2004-CA-00692-COA, COURT OF APPEALS OF MISSISSIPPI, March 28, 2006, Decided
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Overview: Appellate court affirmed the summary dismissal of an inmate's motion for post-conviction relief under Miss. Code Ann. § 99-39-11(2) because a claim of new evidence was not relevant when an inmate had pleaded guilty, and inmate could not establish that his plea was not voluntary.

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Miss. Dep't of Wildlife, Fisheries & Parks v. Brannon, NO. 2004-CA-00246-COA, COURT OF APPEALS OF MISSISSIPPI, March 28, 2006, Decided
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Overview: Mississippi Department of Wildlife, Fisheries, and Parks should have been granted immunity under Miss. Code Ann. § 11-46-9(1)(v) where there was no evidence that Department had prior notice of the drop-off where a park visitor fell, which was covered by leaves and pine straw, and no drop-off was found when park was inspected a month earlier.

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Patton v. State Bank & Trust Co., NO. 2004-CA-02243-COA, COURT OF APPEALS OF MISSISSIPPI, March 28, 2006, Decided
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Overview: Appellate court affirmed a grant of summary judgment in favor of a bank because an agreement to lend money was too indefinite to form a contract. Additionally, the individual failed to present evidence that the bank had made misrepresentation.

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Smith v. Magnolia Lady, Inc., NO. 2004-CA-02112-COA, COURT OF APPEALS OF MISSISSIPPI, March 28, 2006, Decided
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Overview: Grant of summary judgment in favor of an employer and the dismissal of an employee's remaining claims were affirmed because the employee was unable to submit facts that would support her claims of malicious prosecution, wrongful discharge, false imprisonment, defamation, and injurious falsehood.

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