Oral arg. – COA – Feb. 16, 2017

At 2:00 p.m. the Court will hear the case of John Eubanks v. Kim Wade d/b/a Kim Wade Real Estate.

Eubanks filed a complaint against Kim Wade claiming that he suffered damages when he hired Wade to sell his property in Terry and Wade misrepresented the fact that he could place the property with the Multiple Listing Service when he was not authorized to do so. (Eubanks also filed a complaint with the Mississippi Real Estate Commission). Eubanks eventually found a purchaser for the property but Wade placed a lien on the property for his commission.   Wade filed a motion to dismiss which was granted.  According to Wade, the parties had previously entered into a settlement whereby Eubanks would pay the commission and withdraw his complaint with the Real Estate Commission and Wade would release the lien.  Therefore, dismissal was proper.

eubanks-brief

kim-wade-brief

Watch the argument here.

One thought on “Oral arg. – COA – Feb. 16, 2017

  1. Omg that docket. Eubanks’ lawyer tried to withdraw, wasn’t allowed to, & didn’t file a reply brief. And now she has to appear at oral argument (which, true, she requested on her initial brief, never having read or cared about MRAP 34(b)).

    I doubt many cases are worth oral arg where the appellant can’t even manage a reply, but it seems especially cruel in this case.

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