Decisions – COA – Dec. 1, 2015 – part 2

Louisiana Extended Care Centers, LL v. Carolyn Bindon –   arbitration –  Frank Bindon died from sepsis while a resident at the Defendant’s nursing home.  Both he and his wife signed the admission papers and they contained an arbitration clause.   When the wife filed a wrongful death suit, the nursing home filed a motion to arbitrate which was denied.  The COA reverses.

Warren Taylor v. Statevoluntariness of plea – Taylor was indicted for conspiracy to sell cocaine, ETC.   While in the custody of the Madison County Detention Center,  he was attacked by another inmate after which he was  Lortab to treat the pain for his injured fingers. Days after the attack, Taylor signed a petition to plead guilty.   The trial court sentenced him to 30 years.   Taylor filed a PCR motion challenging the voluntariness of his plea and alleging ineffective assistance.  The trial court denied the petition.  The COA affirms  writing that Taylor’s claims are belied by the transcripts of the plea and sentencing colloquies.

William Lane v. Stella Lane –   separate maintenance after divorce in another state –  William and Stella Lane separated in Mississippi and William was ordered to pay Stella separate maintenance.  William moved to Texas and the two were divorced in Texas.  The Texas divorce decree acknowledged the existence of the Mississippi order and declared that it was not the intent of the Texas divorce decree to change it in any way.   In the Mississippi separate maintenance case, William moved to have it dismissed based on the Texas divorce. “The chancery court ruled in favor of Stella, entering a judgment granting full faith and credit to the Texas divorce decree and enforcing the judgment of separate maintenance.”  The COA affirms.  “Provisions set out in the separate-maintenance judgment remain subject to judicial enforcement by the chancery court through its grant of full faith and credit to the Texas judgment and through both courts’ recognition of jurisdiction over different aspects of the parties’ relationship as citizens of different states.”

 Joseph and Tina Davidson v. Dwight and Nancy Collins easement – The  Davidsons leased approximately 2.3 acres located on the Escatawpa River for approximately twenty-five years before finally purchasing the land in 2002. The property, which is south of Mississippi Highway 614 and abuts the State’s right-of-way, is surrounded by water on three sides and by property owned by Dwight Collins and his wife, Nancy, on the fourth side. The Davidsons, with the Collins’ permission,  would cross the Collins’ property to get to their property.  The Collins eventually put a stop to traffic on their property due to the number of people crossing it to get to a sandbar. The Davidsons then filed suit for an easement which the court denied on the basis that the property was used only for recreational purposes and it could be accessed via water.  The COA affirms.  “It is undisputed that the land in question is accessible on a navigable waterway by boat, and since the use of the property is recreational and generally undesirable for other purposes in its current condition, boat access is suitable for the use of the property.

Christopher Eaves v. David and Debora Gatlin grandparents’ visitation – Eaves appeals the court’s granting of visitation to the maternal grandparents.  The COA  affirms.

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