Legal Opinion · Dissent

Mississippi Department Employment Security v. Clark

Court of Appeals of Mississippi

Decided July 21, 2009No. 2008-CC-00582-COAPublished

1DissentKing, C.J.

¶ 18. With respect to the majority, I dissent. I believe it is error to reverse the circuit court’s ruling because the board of review’s decision was not supported by substantial evidence.

¶ 19. The majority notes that Clark did not file a brief with this Court, which is true. Normally, a party’s failure to submit a brief on appeal is equivalent to a confession of the errors alleged by the opposing *874party. See Mahaffey v. Miss. Employment Sec. Comm’n, 912 So.2d 496, 497(¶ 6) (Miss.Ct.App.2005). However, the Court may elect to review the case for error. Id. Thus, this Court is not required to…

2Cases cited5 opinions

  1. McDerment v. Mississippi Real Estate Com'nMississippi Supreme Court · 1999
  2. Mississippi Emp. SEC. v. McLane-SouthernMississippi Supreme Court · 1991
  3. Little v. MISS. EMPLOYMENT SEC. COM'NCourt of Appeals of Mississippi · 1999
  4. Coahoma County v. Mississippi Employment SEC. Com'nMississippi Supreme Court · 2000
  5. Mahaffey v. MISSISSIPPI EMPLOYMENT SEC. COM'NCourt of Appeals of Mississippi · 2005

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