controlling legal principle (Mississippi) · Go Syfert
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controlling legal principle in Mississippi

23 Mississippi opinions name it 2 courts 1994–2023 3 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
ABC Mfg. Corp. v. Doylegreen
miss · 1999 · cited in 9 Mississippi opinions naming this issue, 2001–2023
2 sentences

2012However, in ABC Manufacturing Corp. v. Doyle, 749 So.2d 43, 45 (¶ 10) (Miss.1999), the supreme court held that, “[generally, an administrative agency is accorded deference, but when the agency has misapprehended a controlling legal principle, no deference is due, and our review is de novo.” (Citing Smith v. Jackson Constr.

2011However, in ABC Manufacturing Corp. v. Doyle, 749 So.2d 43, 45 (¶ 10) (Miss.1999), the Mississippi Supreme Court held, “[gjenerally, an administrative agency is accorded deference, but when the agency has misapprehended a controlling legal principle, no deference is due, and our review is de novo.” ANALYSIS 1.

79
Central Electric Power Ass'n v. Hicksgreen
miss · 1959 · cited in 5 Mississippi opinions naming this issue, 2005–2017
2 sentences

2017Power Ass'n v. Hicks , 236 Miss. 378 , 110 So.2d 351 , 356 (1959). "[W]hen the agency has misapprehended a controlling legal principle, no deference is due, and our review is de novo." ABC Mfg.

2017Power Ass'n v. Hicks , 236 Miss. 378 , 110 So.2d 351 , 356 (1959). "[W]hen the agency has misapprehended a controlling legal principle, no deference is due, and our review is de novo." ABC Mfg.

35
Mauck v. Columbus Hotel Co.green
miss · 1999 · cited in 3 Mississippi opinions naming this issue, 1998–2005
2 sentences

2005Thirdly, the Andersons argue that the supreme court's denial of R & D's petition for an interlocutory appeal rendered the trial court's original order "the law of the case." According to the law of the case doctrine, "whatever is once established as the controlling legal rule of decision, between the same parties in the same case, continues to be the law of the case, as long as there is a similarity of facts." Mauck v. Columbus Hotel Co., 741 So.2d 259, 266-67 (¶ 22) (Miss.1999).

2005Mauck v. Columbus Hotel Co., 741 So.2d 259, 266-67 (Miss. 1999). [3] We find those cases distinguishable.

33
Drake L. Lewis v. Tonia D. Lewis Pagelgreen
miss · 2015 · cited in 2 Mississippi opinions naming this issue, 2019–2023
2 sentences

2023Lewis v. Pagel, 172 So. 3d 162, 174 (¶23) (Miss. 2015).

2019“Whatever is once established as the controlling legal rule of decision, between the same parties in the same case, continues to be the law of the case, so long as there is a 8 similarity of facts.” Lewis v. Pagel, 172 So. 3d 162, 174 (¶23) (Miss. 2015).

22
Gregg v. Natchez Trace Electric Power Ass'ngreen
miss · 2011 · cited in 2 Mississippi opinions naming this issue, 2017–2021
2 sentences

2021“When the agency has misapprehended a controlling legal principle, no deference is due, and our review is de novo.” Id.

2017Gregg, 64 So.3d at 475-76 (¶9) (internal citations, quotation marks, and alterations omitted), DISCUSSION ¶ 9.

12
Smith v. Jackson Const. Co.green
miss · 1992 · cited in 2 Mississippi opinions naming this issue, 2002–2012
2 sentences

2012Co., 607 So.2d 1119, 1125 (Miss.1992)). ¶ 24.

2002Co ., 607 So.2d 1119 , 1125 (Miss. 1992).

12
Fortune v. Lee County Bd. of Sup'rsgreen
miss · 1998 · cited in 1 Mississippi opinions naming this issue, 2020–2020
1 sentence

2020Co. v. Travis, 106 So. 3d 320, 326 (¶13) (Miss. 2012) (quoting Fortune v. Lee Cty Bd. of Supervisors, 725 So. 2d 747, 751 (¶6) (Miss.1998); see also Griner, 282 So. 3d at 1250 (¶23-24) (“Whatever is once established as the controlling legal rule of decision, between the same parties in the same case, continues to be the law of the case, so long as there is a similarity of facts.”). ¶23.

11
Illinois Central Gulf Railroad v. Travisgreen
miss · 2012 · cited in 1 Mississippi opinions naming this issue, 2020–2020
1 sentence

2020Co. v. Travis, 106 So. 3d 320, 326 (¶13) (Miss. 2012) (quoting Fortune v. Lee Cty Bd. of Supervisors, 725 So. 2d 747, 751 (¶6) (Miss.1998); see also Griner, 282 So. 3d at 1250 (¶23-24) (“Whatever is once established as the controlling legal rule of decision, between the same parties in the same case, continues to be the law of the case, so long as there is a similarity of facts.”). ¶23.

11
DEDEAUX UTILITY CO. v. City of Gulfportgreen
miss · 2011 · cited in 1 Mississippi opinions naming this issue, 2012–2012
1 sentence

2012Co., Inc. v. City of Gulfport, 63 So.3d 514, 539 (Miss.2011) (quoting Moeller v. Am.

11
Simpson v. State Farm Fire and Cas. Co.green
miss · 1990 · cited in 1 Mississippi opinions naming this issue, 2008–2008
2 sentences

2008Co., 564 So.2d 1374, 1376 (Miss. 1990)), the Mississippi Supreme Court held that "[w]hatever is once established as the controlling legal rule of decision, between the same parties in the same case, continues to be the law of the case, so long as there is a similarity of facts." [6] I note that Pratt v. Mattison is an unpublished Tennessee Court of Appeals opinion, and I recognize that Rule 35-B(b) of the Rules of Appellate Procedure prohibits parties from citing unpublished opinions to this Court.

2008Co. , 564 So.2d 1374 , 1376 (Miss. 1990)), the Mississippi Supreme Court held that "[w]hatever is once established as the controlling legal rule of decision, between the same parties in the same case, continues to be the law of the case, so long as there is a similarity of facts." 6 I note that Pratt v. Mattison is an unpublished Tennessee Court of Appeals opinion, and I recognize that Rule 35-B(b) of the Rules of Appellate Procedure prohibits parties from citing unpublished opinions to this Court.

11
Helvering v. Hallockgreen
scotus · 1940 · cited in 1 Mississippi opinions naming this issue, 1994–1994
2 sentences

1994Helvering v. Hallock, 309 U.S. 106, 119-21 , 60 S.Ct. 444, 451-52 , 84 L.Ed. 604, 612-13 (1940).

1994Helvering v. Hallock, 309 U.S. 106, 119-21 , 60 S.Ct. 444, 451-52 , 84 L.Ed. 604, 612-13 (1940).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
PERS v. Freeman green
miss · 2004
1 sentence

2007The law of the case “once established as the controlling legal rule of decision, between the same parties in the same case, continues to be the law of the case, so long as there is a similarity of facts.” Id.

12007–2007
Skipper v. South Carolina green
scotus · 1986
2 sentences

2005Skipper v. South Carolina, 476 U.S. 1 , 106 S.Ct. 1669 , 90 L.Ed.2d 1 (1986). [2] The law of the case doctrine stands for the proposition that whatever was once established as the controlling legal rule of decision, between the same parties in the same case, continues to be the law of the case, so long as there is a similarity of facts.

2005Skipper v. South Carolina, 476 U.S. 1 , 106 S.Ct. 1669 , 90 L.Ed.2d 1 (1986). [2] The law of the case doctrine stands for the proposition that whatever was once established as the controlling legal rule of decision, between the same parties in the same case, continues to be the law of the case, so long as there is a similarity of facts.

12005–2005
TXG Intrastate Pipeline Co. v. Grossnickle green
miss · 1997
1 sentence

2000TGX Intrastate Pipeline Co. v. Grossnickle, 716 So. 2d 991 (¶97) (Miss. 1997).

12000–2000

Statutes the citing opinions construe

MS § Miss. Code Ann. § 71-3-3 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CO 28 (1990–2025) CT 24 (1978–2021) MS 23 (1994–2023) PA 19 (1913–2024) DC 16 (1988–2023) MI 15 (1942–2025) SC 15 (1972–2025) FL 12 (1958–2026) CA 12 (1987–2024) GA 11 (1985–2020) MN 9 (1998–2015) WA 8 (2002–2026) MD 6 (1987–2015) TX 6 (1982–2023) OH 5 (1956–2024) NE 4 (1947–2004) NM 3 (2020–2022) NY 3 (1945–2025) DE 3 (1975–2018) UT 3 (2019–2024) VA 3 (1933–2009) NJ 3 (1951–1994) KS 2 (2020–2026) OR 2 (2008–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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