Decisions – COA – Oct. 11, 2016

Edwin Clyde Neelly, IV v. Lisa Leatherman Neellycontempt – Edwin and Lisa  divorced in 2005. Their property settlement agreement  provided that Edwin be responsible for one-half of all uncovered medical care (including dental and optical), one-half of automobile expenses for the minor children, and all reasonable college expenses.  In May 2012,  Edwin was found in contempt and  ordered  to reimburse Lisa for $3,500 in medical and automobile expenses, to provide proof of life insurance, and to provide the minor children a fuel card or a credit card for the exclusive use of fuel. The parties agreed that  Lisa would send the bills for quarterly reimbursement to Edwin through his attorney at the time.  In 2013,  Lisa filed a second motion for contempt  asserting that Edwin had accrued more than $17,000 in arrearage.   Edwin counter-petitioned, requesting in part that the trial court modify the agreement to allow him to claim certain tax benefits related to the children. The trial court found Edwin in contempt and ordered that he pay some $14,000. The court refused to modify the tax arrangement.  Edwin appeals and the COA affirms.

Walter Poole, Jr. v. William H. Walton –  removal of administrator – Vera died intestate on July 7, 2009. Vera’s brother,  Walter Poole, filed a motion in the Lowndes County Chancery Court requesting his appointment as administrator of Vera’s estate. The motion did not name Vera’s husband William Walton as one of Vera’s heirs. The chancellor granted Poole’s motion. Walton  filed a petition to remove Poole as administrator of Vera’s estate. During a hearing on the matter, Poole stated that he had no objection to either his removal as administrator of Vera’s estate or the appointment of Walton as administrator. The chancellor removed Poole and appointed Walton as administrator of Vera’s estate. Poole appealed pro se arguing that the chancellor erred in removing him as administrator.  The COA affirms.

University of Mississippi Medical Center v. Kim Hampton, Individually and on behalf of Kimrick Smith, Deceased, and the Wrongful Death Beneficiaries of Kimrick Smith – med mal/Tort Claims Act – On October 30, 2010, Smith was stabbed in the torso in Marion County and airlifted to UMC for emergency medical care on Oct. 30, 2010.   He was released on November 3, 2010, but collapsed and died on November 8 due to blood leaking from the heart wound.  The heart injury was not discovered during Smith’s treatment at UMC.  . On November 11 or 12, 2010, Smith’s mother Hampton spoke to the doctor who performed the autopsy, who informed her of the heart wound. UMC received pre-suit notice of Hampton’s wrongful-death claim on November 7, 2011.  On February 28, 2012, UMC denied Hampton’s claim.  Hampton filed a pro se complaint on May 29, 2012.  After some discovery delays, UMC took Hampton’s deposition where she disclosed that at around the same time as the autopsy, she spoke to an attorney friend who told her that she had a case against UMC.  UMC moved for summary judgment on the SOL which was denied.  After a bench trial, the Court awarded Hampton $500,00.  On appeal, the COA reverses and renders finding that the SOL ran before Hampton filed suit.

Pro se PCR appeal affirmed:

Robert J. Franklin  v. State of Mississippi

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