Legal Opinion · Concurring in part, dissenting in part

Epperson v. Southbank

Court of Appeals of Mississippi

Decided June 14, 2011No. 2010-CA-00056-COAPublished

1Concurring in part, dissenting in partRoberts, J.

¶ 21. This case was decided by the circuit judge on cross-motions for summary judgment by Carolyn Epperson and SOUTHBank. The subject matter of the motions dealt exclusively with SOUTH-Bank’s potential underlying liability to Ep-person for failing to allow her to withdraw the funds from the three CDs. If liability existed, the specific issue of the amount of contractual damages and interest thereon was neither submitted to nor decided by the circuit court.

¶ 22. The majority finds that this case should be reversed and rendered and awards Epperson $233,183.45 plus interest of eight percent per…

2Cases cited5 opinions

  1. Sentinel Industrial Contracting Corp. v. Kimmins Industrial Service Corp.Mississippi Supreme Court · 1999
  2. Delta Pride Catfish, Inc. v. Home Ins. Co.Mississippi Supreme Court · 1997
  3. Stockett v. Exxon CorporationMississippi Supreme Court · 1975
  4. Dejean v. DejeanCourt of Appeals of Mississippi · 2007
  5. Union Planters National Bank, N.A. v. JettonCourt of Appeals of Mississippi · 2003

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