Cecilia Eubanks v. Kathy May Huber

COLEMAN, JUSTICE, DISSENTING:

¶ 28. If the Mississippi Supreme Court evenly splits the votes of its participating members in a case and issues a decision in which the votes are, as they were in the instant case, four-to-four on an issue, then the decision of the trial court - in the case of the previous remand of the case sub judice the Court of Appeals - stands. Other than serving as a functional affirmance as described above, any opinion issued by an evenly divided court has no value and places no mandate on the trial court during remand. Accordingly, the only mandate from an appellate court…