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10 Mississippi opinions name it 2 courts 1991–2023 1 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.
| Case | Followed | Cited |
|---|---|---|
Sheila Russell v. Donnie Euvon Horn Byrdgreen1 sentence2023Previously this Court has stated, “[W]hile we acknowledge that service under Rule 81 can be waived by an appearance at the hearing and the presentation of a defense on the merits, the relevant question should be whether the defendant ‘appeared’ and 7 defended the specific Rule 81 matter rather than some other issue in the underlying cause.” Wylie, 226 So. 3d at 120 (¶14). | 1 | 1 |
Shavers v. Shaversgreen2 sentences2017S & M Trucking LLC v. Rogers Oil Co. of Columbia, 195 So. 3d 217 , 223 (¶24) (Miss. 3 See, e.g., Shavers v. Shavers, 982 So. 2d 397, 402 (¶25) (Miss. 2008) (“Although contempt proceedings in divorce cases often are filed in the same cause number and proceed with the underlying divorce case, they are held to be separate actions, requiring new and special summons under Mississippi Rules of Civil Procedure 81.” (citation omitted)). 4 For our analysis of this issue, we need not decide whether a Rule 60 motion was proper; the question is whether Russell’s pursuit of the Rule 60 motion amounted to a 2017There, we elaborated on the general waiver rule mentioned in Reasor and the like, to the effect that waiver results unless “the defendant’s first defensive move” “put[s] the plaintiff on notice that the defendant will pursue dismissal based on insufficiency of process.” See id. | 1 | 1 |
Vincent v. Griffingreen1 sentence2014“With regard to a contempt proceeding, the fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner.” Pearson v. Browning, 106 So.3d 845, 851 (¶ 32) (Miss.Ct.App.2012) (quoting Vincent v. Griffin, 872 So.2d 676, 678 (¶ 6) (Miss.2004)). | 1 | 1 |
Pearson v. Browninggreen1 sentence2014“With regard to a contempt proceeding, the fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner.” Pearson v. Browning, 106 So.3d 845, 851 (¶ 32) (Miss.Ct.App.2012) (quoting Vincent v. Griffin, 872 So.2d 676, 678 (¶ 6) (Miss.2004)). | 1 | 1 |
McGowan v. Stategreen2 sentences2001See McGowan v. State, 181 Miss. 42, 45 , 178 So. 594, 595 (1938) (stating that a misdemeanor case brought to the circuit court by appeal is there triable de novo, and the person charged has the same right to a trial by an appearance and defense through the agency or his attorney). 2001See McGowan v. State, 181 Miss. 42, 45 , 178 So. 594, 595 (1938) (stating that a misdemeanor case brought to the circuit court by appeal is there triable de novo, and the person charged has the same right to a trial by an appearance and defense through the agency or his attorney). | 1 | 1 |
Ramon Montoya v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Divisiongreen1 sentence1996"For purposes of Jackson, an 'assertion' means some kind of positive statement or other action that informs a reasonable person of the defendant's 'desire to deal with the police only through counsel."' Montoya v. Collins, 955 F. 2d 279, 283 (1992) (quoting Michigan v. Jackson, 475 U.S. 625, 626 (1986)). | 1 | 1 |
Michigan v. Jacksonred1 sentence1996"For purposes of Jackson, an 'assertion' means some kind of positive statement or other action that informs a reasonable person of the defendant's 'desire to deal with the police only through counsel."' Montoya v. Collins, 955 F. 2d 279, 283 (1992) (quoting Michigan v. Jackson, 475 U.S. 625, 626 (1986)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Abram v. State
green
2 sentences2005Id. at 1029 . 2002Id. at 1029 . | 2 | 2002–2005 |
United States v. One 1966 Chevrolet Pickup Truck
green
2 sentences1993Cir. 1970) (defendant found to appear in action where the court was informed that during the settlement negotiations, letters, in which the defendant made clear its intention to defend suit, were exchanged between the attorneys for the parties); Hutton v. Fischer, 359 F.2d 913 (3rd Cir.1966) (court found that telephone call from defendant's counsel for more time, sufficient to meet the appearance standard of Rule 55(b)(2)); United States v. One 1966 Chevrolet Pickup Truck, 56 F.R.D. 459 (E.D.Tex. 1972) (court held that the defense attorney's filing with the I.R.S. of a claim to the property fo 1991Cir.1970) (defendant found to appear in action where the court was informed that during the settlement negotiations, letters, in which the defendant made clear its intention to defend suit, were exchanged between the attorneys for the parties); Hutton v. Fischer, 359 F.2d 913 (3d Cir.1966) (court found that telephone call from defendant's counsel for more time, sufficient to meet the appearance standard of Rule 55(b)(2)); United States v. One 1966 Chevrolet Pickup Truck, 56 F.R.D. 459 (E.D.Tex. 1972) (court held that the defense attorney's filing with the I.R.S. of a claim to the property forf | 2 | 1991–1993 |
Hutton v. Fisher
green
2 sentences1993Cir. 1970) (defendant found to appear in action where the court was informed that during the settlement negotiations, letters, in which the defendant made clear its intention to defend suit, were exchanged between the attorneys for the parties); Hutton v. Fischer, 359 F.2d 913 (3rd Cir.1966) (court found that telephone call from defendant's counsel for more time, sufficient to meet the appearance standard of Rule 55(b)(2)); United States v. One 1966 Chevrolet Pickup Truck, 56 F.R.D. 459 (E.D.Tex. 1972) (court held that the defense attorney's filing with the I.R.S. of a claim to the property fo 1991Cir.1970) (defendant found to appear in action where the court was informed that during the settlement negotiations, letters, in which the defendant made clear its intention to defend suit, were exchanged between the attorneys for the parties); Hutton v. Fischer, 359 F.2d 913 (3d Cir.1966) (court found that telephone call from defendant's counsel for more time, sufficient to meet the appearance standard of Rule 55(b)(2)); United States v. One 1966 Chevrolet Pickup Truck, 56 F.R.D. 459 (E.D.Tex. 1972) (court held that the defense attorney's filing with the I.R.S. of a claim to the property forf | 2 | 1991–1993 |
Heleasco Seventeen, Inc. v. Drake
green
2 sentences1993Cir. 1970) (defendant found to appear in action where the court was informed that during the settlement negotiations, letters, in which the defendant made clear its intention to defend suit, were exchanged between the attorneys for the parties); Hutton v. Fischer, 359 F.2d 913 (3rd Cir.1966) (court found that telephone call from defendant's counsel for more time, sufficient to meet the appearance standard of Rule 55(b)(2)); United States v. One 1966 Chevrolet Pickup Truck, 56 F.R.D. 459 (E.D.Tex. 1972) (court held that the defense attorney's filing with the I.R.S. of a claim to the property fo 1991Cir.1970) (defendant found to appear in action where the court was informed that during the settlement negotiations, letters, in which the defendant made clear its intention to defend suit, were exchanged between the attorneys for the parties); Hutton v. Fischer, 359 F.2d 913 (3d Cir.1966) (court found that telephone call from defendant's counsel for more time, sufficient to meet the appearance standard of Rule 55(b)(2)); United States v. One 1966 Chevrolet Pickup Truck, 56 F.R.D. 459 (E.D.Tex. 1972) (court held that the defense attorney's filing with the I.R.S. of a claim to the property forf | 2 | 1991–1993 |
Trust Co. Bank v. Tingen-Millford Drapery Co.
green
2 sentences1993Cir. 1970) (defendant found to appear in action where the court was informed that during the settlement negotiations, letters, in which the defendant made clear its intention to defend suit, were exchanged between the attorneys for the parties); Hutton v. Fischer, 359 F.2d 913 (3rd Cir.1966) (court found that telephone call from defendant's counsel for more time, sufficient to meet the appearance standard of Rule 55(b)(2)); United States v. One 1966 Chevrolet Pickup Truck, 56 F.R.D. 459 (E.D.Tex. 1972) (court held that the defense attorney's filing with the I.R.S. of a claim to the property fo 1991Cir.1970) (defendant found to appear in action where the court was informed that during the settlement negotiations, letters, in which the defendant made clear its intention to defend suit, were exchanged between the attorneys for the parties); Hutton v. Fischer, 359 F.2d 913 (3d Cir.1966) (court found that telephone call from defendant's counsel for more time, sufficient to meet the appearance standard of Rule 55(b)(2)); United States v. One 1966 Chevrolet Pickup Truck, 56 F.R.D. 459 (E.D.Tex. 1972) (court held that the defense attorney's filing with the I.R.S. of a claim to the property forf | 2 | 1991–1993 |
S&M Trucking, LLC v. Rogers Oil Company of Columbia, Inc.
green
1 sentence2017S & M Trucking LLC v. Rogers Oil Co. of Columbia, 195 So. 3d 217 , 223 (¶24) (Miss. 3 See, e.g., Shavers v. Shavers, 982 So. 2d 397, 402 (¶25) (Miss. 2008) (“Although contempt proceedings in divorce cases often are filed in the same cause number and proceed with the underlying divorce case, they are held to be separate actions, requiring new and special summons under Mississippi Rules of Civil Procedure 81.” (citation omitted)). 4 For our analysis of this issue, we need not decide whether a Rule 60 motion was proper; the question is whether Russell’s pursuit of the Rule 60 motion amounted to a | 1 | 2017–2017 |
Floyd v. Floyd
green
1 sentence2006We further withdraw the conclusion in Floyd that "Rule 81 requires strict compliance." Floyd, 870 So.2d at 680 . [1] Instead, all civil procedural rules are *409 to be applied so as to "secure the just, speedy, and inexpensive determination of every action." M.R.C.P. 1. ¶ 16. | 1 | 2006–2006 |
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.