presuit notice requirement (Mississippi) · Go Syfert
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presuit notice requirement in Mississippi

6 Mississippi opinions name it 2 courts 1999–2018 0 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 (9)

CaseFollowedCited
Thornhill v. Fordgreen
miss · 1952 · cited in 2 Mississippi opinions naming this issue, 2009–2010
2 sentences

2010Further, if a statute is susceptible to more than one construction, “it must be given that which will best effect its purpose, rather than one which would defeat it.” Thornhill v. Ford, 213 Miss. 49 , 56 So.2d 23, 30 (1952).

2010Further, if a statute is susceptible to more than one construction, “it must be given that which will best effect its purpose, rather than one which would defeat it.” Thornhill v. Ford, 213 Miss. 49 , 56 So.2d 23, 30 (1952).

22
Thomas v. Wardengreen
miss · 2008 · cited in 1 Mississippi opinions naming this issue, 2018–2018
1 sentence

2018See Price v. Clark , 21 So.3d 509 , 519 (Miss. 2009) ("[D]ismissal was the proper remedy for failure to comply with the notice requirements."); Forest Hill Nursing Ctr. and Long Term Care Mgmt., LLC v. Brister, 992 So.2d 1179 , 1188 (Miss. 2008) ("[A]s a named party, Forest Hill was entitled to sixty days['] notice before the filing of the suit, failing which, Forest Hill was entitled to dismissal."); Thomas v. Warden , 999 So.2d 842 , 847 (Miss. 2008) ("Because Thomas failed to provide a sixty-day notice as required by Section 15-1-36(15), we must affirm the trial court's dismissal of the com

11
Southern Enterprises v. Fostergreen
lactapp · 1942 · cited in 1 Mississippi opinions naming this issue, 2018–2018
1 sentence

2018See Price v. Clark, 21 So. 3d 509, 519 (Miss. 2009) (“[D]ismissal was the proper remedy for failure to comply with the notice requirements.”); Forest Hill Nursing Ctr. and Long Term Care Mgmt., LLC v. Brister, 992 So. 2d 1179, 1188 (Miss. 2008) (“[A]s a named party, Forest Hill was entitled to sixty days[’] notice before the filing of the suit, failing which, Forest Hill was entitled to dismissal.”); Thomas v. Warden, 999 4 Wood stated that she again had been unable to serve “A. Moore, L.P.N., because the Defendants will not produce A. Moore’s full legal name and address, although the Plaintif

11
Price v. Clarkgreen
miss · 2009 · cited in 1 Mississippi opinions naming this issue, 2018–2018
2 sentences

2018See Price v. Clark, 21 So. 3d 509, 519 (Miss. 2009) (“[D]ismissal was the proper remedy for failure to comply with the notice requirements.”); Forest Hill Nursing Ctr. and Long Term Care Mgmt., LLC v. Brister, 992 So. 2d 1179, 1188 (Miss. 2008) (“[A]s a named party, Forest Hill was entitled to sixty days[’] notice before the filing of the suit, failing which, Forest Hill was entitled to dismissal.”); Thomas v. Warden, 999 4 Wood stated that she again had been unable to serve “A. Moore, L.P.N., because the Defendants will not produce A. Moore’s full legal name and address, although the Plaintif

2018See Price v. Clark , 21 So.3d 509 , 519 (Miss. 2009) ("[D]ismissal was the proper remedy for failure to comply with the notice requirements."); Forest Hill Nursing Ctr. and Long Term Care Mgmt., LLC v. Brister, 992 So.2d 1179 , 1188 (Miss. 2008) ("[A]s a named party, Forest Hill was entitled to sixty days['] notice before the filing of the suit, failing which, Forest Hill was entitled to dismissal."); Thomas v. Warden , 999 So.2d 842 , 847 (Miss. 2008) ("Because Thomas failed to provide a sixty-day notice as required by Section 15-1-36(15), we must affirm the trial court's dismissal of the com

11
Pitalo v. GPCH-GP, INC.green
miss · 2006 · cited in 1 Mississippi opinions naming this issue, 2018–2018
2 sentences

2018See Price v. Clark, 21 So. 3d 509, 519 (Miss. 2009) (“[D]ismissal was the proper remedy for failure to comply with the notice requirements.”); Forest Hill Nursing Ctr. and Long Term Care Mgmt., LLC v. Brister, 992 So. 2d 1179, 1188 (Miss. 2008) (“[A]s a named party, Forest Hill was entitled to sixty days[’] notice before the filing of the suit, failing which, Forest Hill was entitled to dismissal.”); Thomas v. Warden, 999 4 Wood stated that she again had been unable to serve “A. Moore, L.P.N., because the Defendants will not produce A. Moore’s full legal name and address, although the Plaintif

2018See Price v. Clark , 21 So.3d 509 , 519 (Miss. 2009) ("[D]ismissal was the proper remedy for failure to comply with the notice requirements."); Forest Hill Nursing Ctr. and Long Term Care Mgmt., LLC v. Brister, 992 So.2d 1179 , 1188 (Miss. 2008) ("[A]s a named party, Forest Hill was entitled to sixty days['] notice before the filing of the suit, failing which, Forest Hill was entitled to dismissal."); Thomas v. Warden , 999 So.2d 842 , 847 (Miss. 2008) ("Because Thomas failed to provide a sixty-day notice as required by Section 15-1-36(15), we must affirm the trial court's dismissal of the com

11
Arceo v. Tollivergreen
miss · 2006 · cited in 1 Mississippi opinions naming this issue, 2018–2018
2 sentences

2018See Price v. Clark, 21 So. 3d 509, 519 (Miss. 2009) (“[D]ismissal was the proper remedy for failure to comply with the notice requirements.”); Forest Hill Nursing Ctr. and Long Term Care Mgmt., LLC v. Brister, 992 So. 2d 1179, 1188 (Miss. 2008) (“[A]s a named party, Forest Hill was entitled to sixty days[’] notice before the filing of the suit, failing which, Forest Hill was entitled to dismissal.”); Thomas v. Warden, 999 4 Wood stated that she again had been unable to serve “A. Moore, L.P.N., because the Defendants will not produce A. Moore’s full legal name and address, although the Plaintif

2018See Price v. Clark , 21 So.3d 509 , 519 (Miss. 2009) ("[D]ismissal was the proper remedy for failure to comply with the notice requirements."); Forest Hill Nursing Ctr. and Long Term Care Mgmt., LLC v. Brister, 992 So.2d 1179 , 1188 (Miss. 2008) ("[A]s a named party, Forest Hill was entitled to sixty days['] notice before the filing of the suit, failing which, Forest Hill was entitled to dismissal."); Thomas v. Warden , 999 So.2d 842 , 847 (Miss. 2008) ("Because Thomas failed to provide a sixty-day notice as required by Section 15-1-36(15), we must affirm the trial court's dismissal of the com

11
FOREST HILL NURSING CENTER AND LONG TERM CARE MAGT., LLC v. Bristergreen
miss · 2008 · cited in 1 Mississippi opinions naming this issue, 2018–2018
2 sentences

2018See Price v. Clark, 21 So. 3d 509, 519 (Miss. 2009) (“[D]ismissal was the proper remedy for failure to comply with the notice requirements.”); Forest Hill Nursing Ctr. and Long Term Care Mgmt., LLC v. Brister, 992 So. 2d 1179, 1188 (Miss. 2008) (“[A]s a named party, Forest Hill was entitled to sixty days[’] notice before the filing of the suit, failing which, Forest Hill was entitled to dismissal.”); Thomas v. Warden, 999 4 Wood stated that she again had been unable to serve “A. Moore, L.P.N., because the Defendants will not produce A. Moore’s full legal name and address, although the Plaintif

2018See Price v. Clark , 21 So.3d 509 , 519 (Miss. 2009) ("[D]ismissal was the proper remedy for failure to comply with the notice requirements."); Forest Hill Nursing Ctr. and Long Term Care Mgmt., LLC v. Brister, 992 So.2d 1179 , 1188 (Miss. 2008) ("[A]s a named party, Forest Hill was entitled to sixty days['] notice before the filing of the suit, failing which, Forest Hill was entitled to dismissal."); Thomas v. Warden , 999 So.2d 842 , 847 (Miss. 2008) ("Because Thomas failed to provide a sixty-day notice as required by Section 15-1-36(15), we must affirm the trial court's dismissal of the com

11
Williams v. Skeltongreen
miss · 2009 · cited in 1 Mississippi opinions naming this issue, 2012–2012
1 sentence

2012Williams v. Skelton, 6 So.3d 428, 430 (Miss.2009).

11
Ferrer v. Jackson County Bd. of Sup'rsgreen
miss · 1999 · cited in 1 Mississippi opinions naming this issue, 1999–1999
1 sentence

1999Likewise, in Ferrer v. Jackson County Board of Supervisors, 741 So.2d 216, 219 (Miss.1999), we followed Carr and held that the county's payment of the plaintiffs property damage claim and its settlement offer on the remaining claims estopped the county raising the presuit notice requirement.

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 (2)

CaseCitedYears
Fowler v. White green
miss · 2012
1 sentence

2015Thus, at a minimum, Waldrup’s “failure to satisfy the presuit-notice requirement mandates dismissal without prejudice.” Id. (emphasis added). ¶ 30.

12015–2015
Carr v. Town of Shubuta green
miss · 1999
1 sentence

1999In Carr v. Town of Shubuta, 733 So.2d 261 (Miss.1999), we found that the "Report of *665 Public Liability" which Carr completed at the office of the city clerk sufficiently complied with the pre-suit notice of claim provisions of the Tort Claims Act.

11999–1999

Statutes the citing opinions construe

MS § Miss. Code Ann. § 11-46-1 (3) MS § Miss. Code Ann. § 11-46-11 (3) MS § Miss. Code Ann. § 15-1-36 (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

FL 20 (1994–2025) TX 10 (2011–2025) MS 6 (1999–2018) MI 6 (1998–2021) IL 2 (2015–2015) WA 2 (2012–2013)

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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