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Wesley Hisaw
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Adoption with No Termination of Parental Rights
Last Thursday, the Mississippi Supreme Court decided In the Matter of the Adoption of the Child Described in the Petition: D.D.H., Patrick Latrell Gray and Felicia Hannah Dutch.   Patrick Latrell Grayand Felecia Hannah Dotch petitioned the Attala County Cha...
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Proving a Negative
It is a general rule of evidence, noticed by the elementary writers upon that subject (1 Greenl. Ev. §§ 79) that `where the subject-matter of a negative averment lies peculiarly within the knowledge of the other party, the averment is taken as true unless d...
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Alibi Witness
Yesterday, the Mississippi Court of Appeals decided Smith v. State located here .  The issue in the case is when does the defendant have to disclose an alibi witness?  The Court stated: “The rule clearly states that the requirement to disclose an alibi witn...
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Plaintiff Summary Judgment
Somehow in the legal world, attorneys got the idea that summary judgment was only for defense attorneys.  In recent years, I have been using it as a plaintiff tool on a regular basis.  This is based on experience that the more issues are narrowed down, the ...
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Importance of a Post-Trial Motioin
Absent a renewal of the directed-verdict motion, a request for a peremptory instruction, or a motion for a judgment notwithstanding the verdict (JNOV), an appellant has waived the sufficiency error on appeal. Darnell v. State , 202 So. 3d 281, 285 (¶13) (Mi...
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Recovery of Overpayment When Overturned on Appeal
When payment of financial awards are not stayed pending
appeal, repayment may be required.  After alimony was reversed on appeal,
a chancellor properly ordered a wife to reimburse her husband for alimony
payments received during the period of appeal.  Hende...
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Deposition Exhibits
A few years ago, I was taking a deposition where the opposing party kept putting documents in front of my client asking her to read them.  He essentially was trying to make it sound like she was testifying to certain things as facts instead of reading the d...
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Same Sex Divorce and Paternity
On November 29, 2017, the Mississippi Supreme Court heard the case of Christine Strickland v Kimberly Jayroe Strickland Day involving a finding of parentage where the couple’s child was conceived with sperm from an unknown donor.  Christina and Kimberly wer...
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Tax Code Changes and Modification
Most people are aware that there are several potential changes in the U.S. Tax Code with regard to family law floating around.  The final bills have not passed yet.  The two main issues of interest are the lack of deductibility of alimony and the removal of...
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Legal Points on Mississippi Default Judgments
Below is some random points on Default Judgments in Mississippi. The Mississippi Supreme Court has been
clear that " default judgments are not favored." McCain , 791 So.2d at 843 (¶ 10); Guar. Nat'l Ins. Co. v. Pittman , 501 So.2d 377, 387-88 (Miss.
1987). ...
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