Legal Opinion · Dissent

Davis v. Walters

Court of Appeals of Mississippi

Decided May 4, 2010No. 2009-CA-00653-COAPublished

1DissentIrving, J.

¶ 21. The majority, relying on Dedeaux v. Pellerin Laundry, Inc., 947 So.2d 900 *280(Miss.2007), finds that this Court lacks jurisdiction and dismisses Randy Davis’s appeal as untimely. In reaching this result, I believe the majority misconstrues Pellerin Laundry, as it did in Henson v. Riggenbach, 982 So.2d 432 (Miss.Ct.App.2007). Therefore, because of the following reasons, as well as the reasons expressed in my dissent in Riggenbach where the facts are almost identical to today’s facts, I dissent. In my view, there is no procedural impediment to reaching the merits of Davis’s appeal, and I…

2Cases cited2 opinions

  1. Dedeaux v. Pellerin Laundry, Inc.Mississippi Supreme Court · 2007
  2. Henson v. RiggenbachCourt of Appeals of Mississippi · 2007

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