Legal Opinion · Dissent

Carl Smith v. Lisa Doe

Mississippi Supreme Court

Decided January 25, 2018No. 2016-CA-00875-SCTPublished

1Dissent

KING, JUSTICE, DISSENTING:

¶ 30. This Court has defined unconscionability to mean "an absence of meaningful choice on the part of one of the parties, together with contract terms [that] are unreasonably favorable to the other party." Caplin Enters., Inc. v. Arrington , 145 So.3d 608 , 614 (Miss. 2014). Today's majority holds that a property-settlement agreement with terms almost solely favoring the wife and child was not unconscionable. With this, I cannot agree. Because the property-settlement agreement in this case was so drastically in Lisa Doe's and the child's favor, I believe that it was…

2Cases cited9 opinions

  1. Anne Anderson v. Cryovac, Inc., Globe Newspaper Company, IntervenorCourt of Appeals for the First Circuit · 1986
  2. MS Credit Center, Inc. v. HortonMississippi Supreme Court · 2006
  3. Wade v. StateMississippi Supreme Court · 1991
  4. Covenant Health & Rehabilitation of Picayune, LP v. Estate of Moulds Ex Rel. BraddockMississippi Supreme Court · 2009
  5. Cucos, Inc. v. McDanielMississippi Supreme Court · 2006

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