Legal Opinion
Mallery v. Taylor
Mississippi Supreme Court
Decided May 17, 2001No. 1999-CA-01281-SCTPublishedCited by 4 opinions
1Opinion of the Court
ON MOTION TO DISMISS APPEAL
BANKS, Presiding Justice, for the Court:
¶ 1. This case presents the issue of whether we are required by our rules to dismiss an appeal taken prematurely where the judgment below is now final due to a subsequent act of the trial court from which no new appeal was taken. Under the circumstances, dismissal of the appeal would result in final termination of the case without reaching the merits. We conclude that, in the absence of any prejudice to the appellees, we are not so required. *227Accordingly, appellees’ motion to dismiss is denied.
I
¶ 2. Corey Mallery and other…
2Cases cited8 opinions
- Firstier Mortgage Co. v. Investors Mortgage InsuranceSupreme Court of the United States · 1991
- Fassett v. Delta Kappa EpsilonCourt of Appeals for the Third Circuit · 1986
- Alcorn County, Mississippi v. U.S. Interstate Supplies, Inc.Court of Appeals for the Fifth Circuit · 1984
- Lazy Oil Co. v. Witco CorporationCourt of Appeals for the Third Circuit · 1999
- Baker v. LimberCourt of Appeals for the Ninth Circuit · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Carla Speights Darnell v. William Duff DarnellMississippi Supreme Court · 2016
- Patton Medical of Gulf Coast, Inc. v. Michael RelleCourt of Appeals of Mississippi · 2018
- Lynn Wirtz v. Adams County Board of SupervisorsCourt of Appeals of Mississippi · 2019
- Sam Aceil v. Alcorn State University and Mississippi Board of Trustees of State Institutions of Higher LearningCourt of Appeals of Mississippi · 2024