Decisions – Miss.S.Ct. – Aug. 25, 2016

Carla Speights Darnell v. William Duff Darnell – final judgment rule –   In this divorce case, the CPA had reversed and remanded once for the chancellor to reconsider certain evidence and suggested he perform a new Albright analysis.   Darnell v. Darnell, 167 So. 3d 195 (Miss. 2014).  On remand, the chancellor entered an amended final judgment of divorce on April 23, 2015. Eight days later, Carla filed a motion to alter or amend this judgment, or for a new trial. The motion had not been ruled on when  Carla filed her notice of appeal on May 19, 2015.  William filed a notice of cross-appeal three days later.  That being so, there was no final judgment and the COA dismisses the appeal (I always wonder in these cases if the attorneys return the fees for having filed a useless appeal).

The Court grants cert in Maxine Smith v. MDES (link is to COA opinion) involving the timeliness of an  appeal of MDES ruling – After the MDES Board decided to deny her benefits by letter dated  March 28, 2014, Smith did not file appeal for four and a half months later.  She claims she did not get the letter but offered no proof. The COA affirmed.

Here’s  Maxine Smith‘s pro se cert petition

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