Decisions – COA – Jan. 31, 2017

Claudia Joan Hill Renfro v. John Malcolm Renfrodivision of marital property – The Renfros were divorced in  2012.  In Renfro v. Renfro, 125 So. 3d 92 (Miss. Ct. App. 2013), the COA  found that the chancellor court erroneously classified as marital property land Claudia had inherited about three years prior to the separation. On remand, the chancellor awarded John a larger share of the marital estate, equal to approximately half the value of Claudia’s land, as lump sum alimony and in the form of Claudia’s half interest in the marital home. Claudia has appealed arguing that the chancellor reached the same result as before.  “We conclude that, while the decision on remand does reach the same result, it is supported by substantial evidence and the correct legal standards were applied. Our standard of review precludes interference with the judgment, and so we affirm.”

A1 Fire Sprinkler Contractors, LLC d/b/a A1 Fire Sprinkler, LLC, Wayne Marisco and Sandy Marisco v. B.W. Sullivan Building Contractor, Inc. – breach of contract/successor liability – B.W. Sullivan Building Contractor contracted with A1 Fire Sprinkler Contractors for a  fire suppression system.  Afterwards B.W. Sullivan sued claiming that A1 failed to provide all if was supposed to and B.W. Sullivam had to pay someone else to finish the job.  The trial court found that the contract was unambiguous and required A1 to provide the disputed items.  However, the court erred in assessing damages against the successor LLC which was not a party to this action.

James Crittenden v. Kellogg Brown & Root, LLC and Indemnity Insurance Company of North America workers comp. – Crittenden worked as a pipefitter for  KBR.  WHile he and a coworker were gathering supports,  one slipped and struck Crittenden in the right hip. Crittenden lifted it up  and put it back on the forklift. He claimed the next day that he could barely walk. KBR stipulated to a bruise on his hip but denied that it was the crippling injury Crittendom claimed. The AJ awarded substantial benefits. The Commission disagreed finding that there was a contusion but no crippling back injury.  The COA affirms.

William J. Fortner v. Specialty Contracting, LLC – workers comp – William Fortner was injured while working for Specialty Contracting when he was struck by a truck backing up to a loading platform.  Fortner sued Specialty claiming he was an independent contractor.  The court granted summary judgment finding that Fortner was an employee of Specialty and, thus, his only recourse was via workers comp. The COA affirms.

Estate of Pataelain Paulk v. Dr. Roger T. Lott a/k/a Dr. Roger Thomas Lott, Doctors Clinic and Perry County General Hospital, LLC –  dismissal for failure to prosecute – Paulk was a patient at Perry County General Hospital when someone administered a tablet of  Coumadin still in its blister pack.   Paulk ingested the blister pack, which “lodged in her throat.” Paulk had to undergo surgery to remove the pack.  She filed a med mal  complaint in November 2012.  In April 2013 the clerk and the defendants moved to dismiss for failure to prosecute.  The circuit court granted it and the plaintiff, with new counsel, appeals. The COA affirms.

Alan David Ryan v. Mississippi Real Estate Commission – real estate license – Ryan appeals the revocation of his real estate license. Ryan owned a home in  Woodville.  He rented it to  Nathaniel Myers.   On  January 1, 2004, Ryan entered into a handwritten “lease to own” agreement with Myers whereby he would transfer the title to Myers once he had made  120 monthly rent payments of $325 a month.  Myers made all of the payments.  At the end of the lease, though,  Ryan refused to transfer the property.  He told Myers he needed to make four more payments which he did.  Ryan still refused to transfer the property. He claimed that he was still owed $16,000 on his mortgage and refused to transfer the property to Myers unless he was paid 16,000 and  reimbursed for another $10,000 in taxes and expenses. The MREC  revoked Ryan’s license for misrepresentations.  The circuit court upheld the revocation.  Ryan appeals.  The COA affirms.

Bobby Franklin Baswell v. Elizabeth Baswell alimony/attorneys fees – The Baswells  married in 1985 and separated in 2013.  The agreed to an ID divorce with the chancellor to decide  alimony and attorney’s fees. The chancellor awarded Elizabeth $525 a month in periodic alimony and ordered Bobby to pay reasonable  attorney’s fees not to exceed $1,500. Bobby appeals. The COA affirms.

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