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| Alamac LLC v. Travelers Bank & Trust, NO. 2005-CA-01681-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: Summary judgment was properly awarded to a bank in a company's suit alleging that it was a bona fide purchaser of property for value without notice of the bank's deed of trust because under Miss. Code Ann. § 89-5-33(2), the company had a duty to search the general index, as it prevailed over an incorrect entry in the sectional index.
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| Allen v. State, NO. 2004-KA-00906-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: Prosecution of defendant for sexual battery of his stepdaughter was not barred by statute of limitations in Miss. Code Ann. § 99-1-5 that excluded conduct in Miss. Code Ann. § 97-3-95(c), because although § 97-3-95 was amended and no longer contained a subsection (c); the pre-amendment § 97-3-95(c) prohibited sexual conduct with a child under 14.
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| Birrages v. Ill. Cent. R.R. , NO. 2005-CA-00846-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: Defendants' motion for directed verdict under Miss. R. Civ. P. 50(a) was properly granted in son's wrongful death case because his expert did not offer any testimony that indicated just how the engineer's and the conductor's breach of their duty to maintain a proper lookout was the proximate cause of the father's death.
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| Blalack v. Blalack, NO. 2005-CA-00860-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: Appellate court considered a chancellor's award of alimony to a wife as the appellate court found that the chancellor considered many of the required factors and the chancellor's decision to award alimony was supported by credible evidence.
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| Bunton v. State, NO. 2005-KA-00749-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: A judgment convicting defendant of manslaughter was affirmed, where the appellate court did not receive any supplemental filing by defendant after defendant's appellate counsel found no arguable issues which could be presented to the appellate court in good faith, and the appellate court found no arguable issues for its review.
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| Davis v. The Clarion-Ledger, NO. 2005-WC-01510-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: The denial of workers' compensation benefits to the employee was improper because the finding that she was an independent contractor as set forth in Miss. Code Ann. § 71-3-3(r) was in error. The employer controlled the details of the employee's work by exercising total control over the newspaper racks at issue.
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| Davison v. Miss. Dep't of Human Servs., NO. 2005-CA-00088-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: A chancery court did not err by holding a hearing and taking additional evidence after a master's decision on a father's claim that he was unable to work and pay child support due to a medical condition because such was permitted under Miss. R. Civ. P. 53(g)(2); the master's decision had no effect until the chancery court accepted or rejected it.
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| Eagle Mgmt., LLC v. Parks, NO. 2005-CA-01812-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: A motion to dismiss for failure to state a claim under Miss. R. Civ. P. 12(b)(6) was properly granted in a breach of contract case because there was no contract for the sale and purchase of real estate where an offer was rejected by a seller, the seller refused to sign, and a counteroffer was not presented to a buyer for signature either.
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| Fleming v. Floyd, NO. 2005-CA-00042-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: Plaintiff driver was entitled to a new trial in her personal injury action against defendant driver because evidence that defendant was at fault was overwhelming, as plaintiff's expert testified that defendant's excessive speeding was a proximate cause of the accident.
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| Griffin v. Pinson, NO. 2005-CA-01376-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: In neglecting to provide the affidavit of a medical expert to support her medical malpractice claim, plaintiff failed to comply with Miss. R. Civ. P. 56(e). The anticipated expert opinion set forth by plaintiff could not have been based on her personal knowledge. Plaintiff had more than adequate time to submit the affidavit of a medical expert.
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