Oral arg. – COA – 5/29/2019

At 1:30 the COA will hear the case of M&R Builders, LLC v. Williams Equipment & Supply Company, Inc. and Triangle Construction Company, Inc. Williams Equipment rented metal concrete forms to be used by the subcontractor M&R Builders in two projects for the general contractor, Triangle Construction Company, Inc. When Williams wasn’t paid, it sued…

Decisions – MSSC – 5/23/2019

Hand down list Franklin Collection Service, Inc. v. BancorpSouth Bank – default judgment – In 2010, Franklin filed a lawsuit and named Bancorp South as a defendant in its first amended complaint.  Franklin claimed  BancorpSouth had charged Franklin excessive amounts of overdraft fees. On November 28, 2012, Franklin filed a motion for leave to file…

Decisions – COA – 5/21/2019

Hand down list Montalto v. State – pcr – In 2008  Montalto pleaded guilty to aggravated assault and kidnapping charges.  The kidnapping offense involved a young child, so he was also ordered to register as a sex offender.  Montalto filed a pcr in the trial court complaining that he wasn’t given earned release time. The…

Oral arg. – MSSC – 5/20/2019

At 1:30 the MSSC will hear the case of Ray Virgil, Barbara Lloyd, and Cassandra Johnson v. Mississippi Electric Power Association Virgil et al filed a lawsuit against Southwest Mississippi Electric Power Association in December 2017, seeking the return of excess profits pursuant to M.C.A. § 77-5-235. MEPA moved to arbitrate which the trial court…

Decisions – MSSC – 5/16/2019

Hand down list Sonya Chaffee on Behalf of Fredrick C. Latham, a Minor v. Jackson Public School District, Lonnie J. Edwards and Jackson Public School Board of Trustees – tort claims act –    Frederick Latham was  a student in Tracy Scott’s first grade class at Woodville Heights Elementary School.  Scott was getting the students…

Decisions – COA – 5/14/2019

Hand down list Jacob Chavis v. Jackson County Sheriff’s Department  – civil service firing – Chavis was a deputy with the  Jackson County Sheriff’s Department when he was fired in October 2015 for violating a policy controlling  when a deputy may make an off-duty arrest.  Chavis was off duty when he ended up in an…

Oral arg. – COA – 5/14/2019

At 1:30, the COA will hear the case of  Kenneth Bailey and Elizabeth Lee Shutze, as Wrongful Death Beneficiaries of Bertha Elizabeth Bailey, Deceased v. City of Pearl, Mississippi. In September of 2017, Kenneth  and  Bertha were leaving their  grandson’s baseball game at the Pearl youthpark when a swinging gate  “speared” the cab of their…