Legal Opinion · Dissent

Entergy Mississippi, Inc. v. TCA Cable Partners

Court of Appeals of Mississippi

Decided January 14, 2009No. 2006-CA-01258-COAPublished

1DissentBarnes, J.

¶ 19. Although I concur with the majority that the trial court erred in granting summary judgment to TCA Cable Partners (TCA), I must respectfully dissent with the majority’s decision to reverse and render judgment awarding Entergy Mississippi, Inc. (Entergy) attorneys’ fees, pre- and post-judgment interest and costs of court. I am of the opinion that the case should be reversed and remanded for further proceedings as Entergy has not yet proved it is entitled to a judgment as a matter of law against TCA.

¶ 20. There are three contractual provisions at issue in the case before us: the preamble…

2Cases cited11 opinions

  1. Tupelo Redevelopment Agency v. Gray Corp.Mississippi Supreme Court · 2007
  2. Vicksburg Partners, LP v. StephensMississippi Supreme Court · 2005
  3. Bank of Indiana, National Ass'n v. HolyfieldDistrict Court, S.D. Mississippi · 1979
  4. Sanderson Farms, Inc. v. GatlinMississippi Supreme Court · 2003
  5. Baker Donelson Bearman & Caldwell, PC v. MuirheadMississippi Supreme Court · 2006

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