Legal Opinion
Smith v. RJH OF FLORIDA, INC.
District Court, S.D. Mississippi
Decided October 19, 2007No. Civil Action 3:06CV689TSL-JCSPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
TOM S. LEE, District Judge.
Plaintiffs Leon E. Smith and Emma Jean Smith filed their complaint in this cause seeking to recover actual and punitive damages for what they allege is a “wrongful garnishment” by defendants, and further seeking a declaratory judgment that the judgment upon which such petition for garnishment is void. Defendants RJH of Florida, Inc. and Kimco Leasing, Inc. have moved to dismiss or, in the alternative, for summary judgment, arguing that plaintiffs’ complaint is barred in its entirety by res judicata and/or collateral estoppel. 1 The court,…
2Cases cited15 opinions
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- Dunaway v. WH Hopper & Associates, Inc.Mississippi Supreme Court · 1982
- Roche v. McDonaldSupreme Court of the United States · 1928
- Union National Bank v. LambSupreme Court of the United States · 1949
- Norman v. BucklewMississippi Supreme Court · 1996
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3Cited by2 opinions
- Mabie v. ShannonCourt of Appeals of Mississippi · 2012
- Will Realty, LLC v. Mark Isaacs and Sally IsaacsMississippi Supreme Court · 2020