Legal Opinion · Dissent

Transfer of Structured Settlement Payment Rights Ex Rel. Saucier v. Saucier

Court of Appeals of Mississippi

Decided December 13, 2016No. 2015-CA-00847-COAPublished

1DissentGriffis, P.J.

¶20. On remand, the chancellor found that RSL had failed to timely plead a claim for damages against Saucier. The majority affirms. I disagree and dissent.

¶ 21. The majority is correct to state the legal principle that “[wjhile Mississippi adheres to notice pleading and has abolished technical forms of pleading, notice pleading does not extinguish a party’s duty ‘to place the opposing party on notice of the claim being asserted.’ ” Maj. Op. at (¶ 9) (emphasis by the majority) (quoting Estate of Stevens v. Wetzel, 762 So.2d 293, 295 (¶ 11) (Miss. 2000)). Unfortunately, neither the chancellor…

2Cases cited2 opinions

  1. Estate of Stevens v. WetzelMississippi Supreme Court · 2000
  2. Transfer of Structured Settlement Payment Rights ex rel. Saucier v. SaucierCourt of Appeals of Mississippi · 2013

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