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| Tanner v. Tanner, NO. 2006-CA-00423-COA,
COURT OF APPEALS OF MISSISSIPPI, May 22, 2007, Decided
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Overview: Award of physical custody of a child to the former husband with visitation to the former wife was affirmed because the trial court properly considered the Albright factors, including the work schedule and child care arrangements that the husband had in place. Guardian ad litem report did not need to be addressed when child abuse was not involved.
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| Univ. of Miss. Med. Ctr. v. Johnson, NO. 2005-CA-02191-COA,
COURT OF APPEALS OF MISSISSIPPI, May 22, 2007, Decided
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Overview: Court upheld ruling against medical center in medical malpractice action under Mississippi Tort Claims Act as substantial evidence supported the judgment; although expert testimony was conflicting, there was ample evidence for a finding that the patient had pneumonia while she was in the hospital and that the hospital staff failed to diagnose her.
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| Vincon v. Benson, NO. 2006-CA-00342-COA,
COURT OF APPEALS OF MISSISSIPPI, May 22, 2007, Decided
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Overview: Chancellor did not err in approving the final accounting and discharging the conservator because, inter alia, under Miss. R. Civ. P. 19 joinder was not feasible because no person had been appointed to represent the estate, the estate suffered no prejudice, and the chancellor's decision was squarely within her discretion.
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| Washington v. State, NO. 2005-KA-01953-COA,
COURT OF APPEALS OF MISSISSIPPI, May 22, 2007, Decided
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Overview: Defendant's manslaughter conviction and 20-year prison sentence were upheld where trial judge did not violate Miss. Code Ann. § 99-17-35 by summing up or commenting on defendant's testimony regarding instances of harassment and threats of violence and death made against him by victim; judge's comments were incident to ruling on State's objections.
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| Whitten v. Whitten, NO. 2005-CA-02031-COA,
COURT OF APPEALS OF MISSISSIPPI, May 22, 2007, Decided
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Overview: Although son failed to show good cause for missing Miss. R. Civ. P. 4(h)'s 120-day period for service of process by nine months, father was deemed to have waived that defense where he raised issue in his answer but proceeded to litigate case for two years and only raised issue again after statute of limitations on son's negligence claim expired.
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