below committed clear error in Mississippi

2022“In short, if the trial court applies ‘the correct legal standard,’ we must affirm the decision, regardless of what any one of us individually might have ruled had we been the judge, unless there is a ‘definite and firm conviction that the court below committed clear error.’” Id. at 982 (quoting City of Jackson 4 v. Rhaly, 95 So. 3d 602, 607 (Miss. 2012)).

2017Television, 148 So. 3d 977, 981 (Miss. 2014)). “‘[I]f the trial court applies the “correct legal standard,” we must affirm the decision, regardless of what any of us individually might have ruled had we been the judge, unless there is a “definite and firm conviction that the court below committed clear error.”’” Ferguson, 179 So. 3d at 1064 (quoting Pierce v. Heritage Props., Inc., 688 So. 2d 1385, 1388 (Miss. 1997) (quoting City of Jackson v. Rhaly, 95 So. 3d 602, 607 (Miss. 1990))). 20 ¶44.

2022“In short, if the trial court applies ‘the correct legal standard,’ we must affirm the decision, regardless of what any one of us individually might have ruled had we been the judge, unless there is a ‘definite and firm conviction that the court below committed clear error.’” Id. at 982 (quoting City of Jackson 4 v. Rhaly, 95 So. 3d 602, 607 (Miss. 2012)).

2017Television, 148 So. 3d 977, 981 (Miss. 2014)). “‘[I]f the trial court applies the “correct legal standard,” we must affirm the decision, regardless of what any of us individually might have ruled had we been the judge, unless there is a “definite and firm conviction that the court below committed clear error.”’” Ferguson, 179 So. 3d at 1064 (quoting Pierce v. Heritage Props., Inc., 688 So. 2d 1385, 1388 (Miss. 1997) (quoting City of Jackson v. Rhaly, 95 So. 3d 602, 607 (Miss. 1990))). 20 ¶44.

2024Stores L.P., 164 So. 3d 974, 977 (¶4) (Miss. 2015) (quoting Ashmore v. Miss.

2015Stated differently, “the Court should engage in ‘measured restraint in conducting appellate review’ and should not decide whether it would have dismissed the original action but whether the dismissal amounted to clear error.” Kinzie v. Belk Dep’t Stores, L.P., 164 So.3d 974, 977 (Miss.2015) (citing Ashmore, 148 So.3d at 982 ).

2017Television, 148 So. 3d 977, 981 (Miss. 2014)). “‘[I]f the trial court applies the “correct legal standard,” we must affirm the decision, regardless of what any of us individually might have ruled had we been the judge, unless there is a “definite and firm conviction that the court below committed clear error.”’” Ferguson, 179 So. 3d at 1064 (quoting Pierce v. Heritage Props., Inc., 688 So. 2d 1385, 1388 (Miss. 1997) (quoting City of Jackson v. Rhaly, 95 So. 3d 602, 607 (Miss. 1990))). 20 ¶44.

2015A “trial court should dismiss a cause of action for failure to comply with discovery only under the most extreme circumstances.” Pierce v. Heritage Props., Inc., 688 So.2d 1385, 1388 (Miss.1997) (emphasis added).

2017Television, 148 So. 3d 977, 981 (Miss. 2014)). “‘[I]f the trial court applies the “correct legal standard,” we must affirm the decision, regardless of what any of us individually might have ruled had we been the judge, unless there is a “definite and firm conviction that the court below committed clear error.”’” Ferguson, 179 So. 3d at 1064 (quoting Pierce v. Heritage Props., Inc., 688 So. 2d 1385, 1388 (Miss. 1997) (quoting City of Jackson v. Rhaly, 95 So. 3d 602, 607 (Miss. 1990))). 20 ¶44.

2017Ctr., 179 So. 3d 1060, 1064 (¶17) (Miss. 2015) (internal quotation marks omitted).

2021The application of the attorney-client privilege is “a mixed question of law and fact.” Hewes v. Langston, 853 So. 2d 1237, 1241 (¶13) (Miss. 2003).

2015Stewart v. Merchants Nat’l Bank, 700 So.2d 255, 258 (Miss.1997) (citing Century 21 Deep South Props., Ltd. v. Corson, 612 So.2d 359, 369 (Miss.1992)). “[I]f the trial court applies the ‘correct, legal standard,’ we must affirm the decision, regardless of what any one of us individually might have ruled had we been the judge, unless there is a ‘definite and firm conviction that the court below committed clear error,’ ” Ashmore v. Miss.

2015Stewart v. Merchants Nat’l Bank, 700 So.2d 255, 258 (Miss.1997) (citing Century 21 Deep South Props., Ltd. v. Corson, 612 So.2d 359, 369 (Miss.1992)). “[I]f the trial court applies the ‘correct, legal standard,’ we must affirm the decision, regardless of what any one of us individually might have ruled had we been the judge, unless there is a ‘definite and firm conviction that the court below committed clear error,’ ” Ashmore v. Miss.

2015Ctr., 564 So.2d 1346, 1367 (Miss.1990)). ¶ 17. “[I]f the trial court applies the ‘correct legal standard,’ we must affirm the decision, regardless of what any of us individually might have ruled had we been the judge, unless there is a ‘definite and firm conviction that the court below committed clear error.’ ” Id. (citing City of Jackson v. Rhaly, 96 So.3d 602, 607 (Miss.2012)).

2015Ctr., 564 So.2d 1346, 1367 (Miss.1990)). ¶ 17. “[I]f the trial court applies the ‘correct legal standard,’ we must affirm the decision, regardless of what any of us individually might have ruled had we been the judge, unless there is a ‘definite and firm conviction that the court below committed clear error.’ ” Id. (citing City of Jackson v. Rhaly, 96 So.3d 602, 607 (Miss.2012)).