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| Heffner v. Rensink, NO. 2005-CA-01549-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: Chancellor erred in failing to appoint guardian ad litem to represent child's interests in termination proceeding because Miss. Code Ann. § 93-15-107(1) unequivocally required that one be appointed; also Miss. Code Ann. § 43-21-261(3) granted parents the right to inspect records from youth court and conduct in camera interview with social worker.
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| Holmes v. Nelson, NO. 2005-CA-01159-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: Court erred in awarding summary judgment to physician in medical malpractice suit alleging that patient's colon was perforated during surgery because before it could be determined when patient was made aware of her injury, and thus determine date of expiration of statute of limitations, determination had to be made concerning her soundness of mind.
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| Langley v. Miles, NO. 2005-CA-00991-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: A grant of summary judgment against the child and parents in a medical malpractice action was proper under Miss. R. Civ. P. 36(b) because the conduct of the child and parents' counsel after his illness had resolved was insufficient to merit withdrawal of the deemed admissions. Counsel had no excuse for any additional delay after returning to work.
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| Lea v. Almore, NO. 2005-CA-00357-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: A finding against the decedent's girlfriend and payment of life insurance proceeds to the administratrix were both appropriate pursuant to 5 U.S.C.S. § 8705(a) and 5 C.F.R. § 870.802(b) because the presence requirement for witnesses was unnecessary. The purpose of a witness was to establish the insured's intent and a voluntary signature.
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| Richardson v. Audubon Ins. Co., NO. 2005-CA-01215-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: Where a chancery court had already issued an order regarding the disposition of insurance funds, a subsequent lawsuit over the same issue involving the same parties was barred by the doctrine of collateral estoppel. Since the claim had no hope of success, sanctions were properly ordered under Miss. Code Ann. § 11-55-5(1).
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| Roberson v. Roberson, NO. 2005-CA-01402-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: A chancery court did not err by awarding a wife alimony, after a lump sum representing her share of the marital property was received, based on her age, the fact that the parties were married for 29 years, and her limited earning capacity. The chancery court's failure to make record consideration of these factors was not error based on the facts.
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| Willis v. State, NO. 2005-CP-02341-COA,
COURT OF APPEALS OF MISSISSIPPI, October 3, 2006, Decided
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Overview: The circuit court did not err in refusing to grant defendant's request for designation of the record, Miss. R. App. P. 10(b)(1), where, pursuant to Miss. Code Ann. § 99-39-5, his desire to pursue a civil action was not a ground for relief; the request failed to comply with Miss. Code Ann. § 99-39-9.
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