Whitaker v. T & M FOODS, LTD.

KING, C.J.,

for the Court.

¶ 1. Dimple and Clyde Whitaker appeal the dismissal of their case with prejudice. Relying upon the Mississippi Supreme Court’s recent decision in J & J Timber Co. v. Brooms, 932 So.2d 1 (Miss.2006), the trial court granted T & M Foods’s Rule 60(b) motion for relief from the trial court’s previous order denying summary judgment to both T & M Foods and Kent. The trial court dismissed the case and denied the Whitakers’ post-trial motions. Finding no error, this Court affirms.

FACTS

¶ 2. In December 1999, Kent was working as a delivery driver for T & M Foods, which operated…