Oral arg. – COA – Dec. 16, 2015

At 10:00 the COA will hear Tom and Shannon Brown v. Murray Waldron 

The Browns purchased a house in 2006. In 2011, they noticed cracks in the walls. An engineer determined the cracks were  caused by a defect in the construction of the foundation system and footings. Murray Waldron  was the builder of the defective home and individually signed the New Home Warranty, a contract which was delivered to the Browns at closing.  The Browns notified  Waldron of the cracks and given an opportunity to cure which he did not do.  The Browns filed suit.   At the time of suit, Waldron’s former single-member limited liability company – Waldron Properties, LLC – was non-existent, having been dissolved by the Mississippi Secretary of State in 2009.    The trial court granted summary judgment for Waldron.  The Browns argue that it was error to allow Waldron to reinstate a defunct LLC to avoid liability.

The Brown’s brief

Waldron’s brief

The Brown’s reply brief

Watch the argument here

At 1:30 the Court will hear Amy Towles v. State

Towles was convicted of agg. assault in the  shooting of her former boyfriend  William Clay Wells in June of 2012. On appeal her main argument is that she was indicted for “willfully, unlawfully and feloniously” committing an aggravated assault by “attempting to cause and by causing, knowingly and purposely, serious bodily injury ” to William Clay Wells by shooting him “thereby manifesting extreme indifference to the value of human life.”  However, the trial court allowed a constructive amendment to the indictment by allowing the state an instruction that would allow the jury to  convict Towles if she acted “recklessly” in shooting Wells.

Towles’ brief 

State’s brief

Towles’ reply brief

Watch the argument here

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