Legal Opinion · Dissent

Mississippi Department of Marine Resources v. Brown

Court of Appeals of Mississippi

Decided May 25, 2004No. 2002-SA-01404-COAPublished

1DissentSouthwick, P.J.

¶ 17. With respect, I find that the majority on rehearing has not properly applied the statute that it employs to reverse. Moreover, on further review of the evidence in this case, I find sufficient support for the decision reached by the Commission on Marine Resources.3 I would affirm.

*653¶ 18. The majority finds a statute that it quotes to be applicable when fact-findings by the Commission are deficient. The statute refers to an inability to resolve the appeal either because of improper exclusion of evidence at the Commission or because the record does not contain enough evidence “for the…

2Cases cited6 opinions

  1. Miss. State Bd. of Nursing v. WilsonMississippi Supreme Court · 1993
  2. Mississippi Department of Environmental Quality v. WeemsMississippi Supreme Court · 1995
  3. PLANTERS BK. v. TM Garrott, Jr.Mississippi Supreme Court · 1960
  4. Duckworth v. State Bd. of PharmacyMississippi Supreme Court · 1991
  5. MISS. PSC v. AAA Anserphone, Inc.Mississippi Supreme Court · 1979

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