Archive for February, 2012
Partition is the legal mechanism in Mississippi for dividing joint owners’ interests in real property when they can not otherwise agree to do so. The partition statute is MCA § 11-21-1, et seq. It seems from where I sit that almost all partition cases come before the court with near-unanimous agreement among the parties that, if [ READ MORE ]
Imagine you have concluded a grinding trial in a hotly contested case. The chancellor turns to you and says, “You write the opinion. Stick to the facts in the record, recite the applicable law, analyze the factors, and rule in your client’s favor.” After pinching yourself to make sure you’re not dreaming, you’d jump at [ READ MORE ]
In a few trials lately, I’ve been surprised at the relatively relaxed approach lawyers have taken to identifying the expert witness in discovery, responding to the standard expert witness interrogatories, and even qualifying the expert to testify at trial. If you get lazy with how you present your expert you are inviting error into the record. Here [ READ MORE ]
A bill pending in the Mississippi legislature may have far-reaching consequences for the people of Mississippi who need access to courts, as well as for the legal profession. It’s a bill that describes itself as “An Act to Provide for the Payment of Costs and Expenses Incurred by a Prevailing Defendant in a Civil Action [ READ MORE ]
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What is the proper role of alimony vis a vis equitable distribution? In Williamson v. Williamson, decided by the COA on January 10, 2012, Judge Carlton’s opinion stated: ¶21. The record reflects that in equitably dividing the marital property, the chancellor erroneously applied the Armstrong factors by awarding Mary alimony in order to create equalization [ READ MORE ]
Teresa and Charles Zweber got an irreconcilable differences divorce by consent in 2006. A special master heard their case, and the chancellor entered a judgment of divorce. Charles got custody of the parties’ daughter, Lindsey, and Teresa was awarded custody of the son, Daniel. Paragraph 9 of the judgment addressed the parties’ college support obligation. It [ READ MORE ]
“This is what you shall do: love the earth and the sun, and animals; despise riches; give alms to everyone that asks; stand up for the stupid and crazy; devote your income and labor to others; hate tyrants; argue not concerning God; have patience and indulgence towards the people; take off your hat to nothing [ READ MORE ]
Still more actual courtroom proceedings collected from hither and yon over the years … Ask a Stupid Question … Q: Sir, it says on your jury questionnaire that you are retired. What do you do in your spare time? A: I smoke pot. ~~~~~~~~~~~~~~~~~~~~ Q: Can you tell me about your job? A: Very boring. Q: [ READ MORE ]
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