Oral arguments set for Wed., Nov. 12, 2014

At  10:00 a.m.  in the Mississippi Supreme Court.

Melanie Bosarge v. LWC Properties – this is an appeal from a grant of summary judgment to LWC Properties.  Melanie Bosarge and Larry Cooper decided to open a hotel in Ocean Springs and formed a company, Indian Head, for that purpose.  They found a property they wanted to purchase for just under 1.7 million. LWC purchased the property for $1,685,000 and spent $292,000 on repairs.  Indian Head then executed a balloon note for 3.5 million in favor of LWC and secured by a deed of trust on the hotel property. The note was personally guaranteed by Bosarge.  Melanie claims that Cooper promised that she would not be liable on the note for anything more than the property.  Indian Head defaulted, Cooper died, and his widow declared the entire debt due. Bosarge argues that there were material issue  of fact that should have precluded summary judgment including a dispute over the  amount that should have been credited for the property, whether the loan was really for  $3.5 million, and whether LWC should have been able to file suit given that it was administratively dissolved six months after it filed the complaint.

Bosarge brief

LWC Properties brief

View the argument here live.  The panel consists of Justices Randolph, Pierce and King.

At 1:30 p.m. the Court of Appeals is hearing  three consolidated cases (originally set for argument in October) that all arise out of the looting of the estate of DeMon McClinton. (DeMon inherited the money through his mother from his grandfather, Aaron Henry).  DeMon’s  father Thomas McClinton and the estate’s lawyer Michael J.  Brown (not to be confused with the 8 other lawyers named Michael Brown in Mississippi) are  alleged to have misappropriated substantial funds from DeMon’s  estate.  Apparently Thomas purchased properties with funds from the estate but the properties were titled in the father’s name only.  Brown loaned a cemetary owner, Lionel Shackelford,  $550,000 from the estate.  This went on for years until DeMon’s new lawyers moved for an accounting.  Thomas, Brown, and Shackelford were all ordered to cough up the money they took.  All three appealed.  Brown is serving 40 years  time for embezzlement.  He is currently incarcerated in the Leake County Correctional Facility.  Brown is said to have embezzled some $1.2 million from the estate.

Shackelford’s brief

DeMon’s reply.

The briefs in the Michael Brown case are not online.  But here’s the Miss.S.Ct.’s order disbarring him.  It contains an explanation of the case.

Thomas McClinton’s opening brief is not online.

DeMon’s reply in the Thomas McClinton case.

McClinton’s rebuttal.

View the argument here.  The panel is made up of Justices Lee, Roberts and Carlton.  Before the argument, the parties announced that  Shackelford had reached a settlement with DeMon McClinton.

(The arguments are being broadcast over Youtube now and the video is MUCH clearer.  Also, it tells you how many people are watching. AND you can watch it live or later without waiting for it to go up on that Miss. College site. This is a million times better!).

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