Demario Walker v. Bryan A. Bailey

IRVING, P.J., DISSENTING:

¶ 21. The majority finds that the dismissal of Walker's complaint was proper, although a bit premature. Because I find that the circuit court apparently acted upon information not properly before it, I dissent. I would reverse and remand this case for further proceedings. I explain.

¶ 22. The majority's holding is not premised on defective service of process, because the majority opinion makes clear that it "[does] not address whether service of process was proper under Mississippi Rule of Civil Procedure 4." Majority op. at n.1. And since the appropriateness of…