Legal Opinion · Dissent

Legislature of the State of Mississippi v. Adrian Shipman

Mississippi Supreme Court

Decided August 13, 2015No. 2015-CA-00605-SCTPublished

1DissentKitchens, Justice

¶ 59. This case is nonjusticiable, because the Mississippi Rules of Appellate Procedure prohibit third-party intervention. Therefore, the Legislature lacks standing as a party to this litigation. In the absence of a properly joined appellant, any decision on the merits of this case amounts to an advisory opinion. Accordingly, I respectfully dissent.

¶ 60. In the Circuit Court of the First Judicial District of Hinds County, the Legislature, or, rather, some legislators who purport to represent the interests of the body as a whole, filed a motion to intervene in this suit under Rule 24(a) of the…

2Cases cited3 opinions

  1. Falco Lime, Inc. v. Mayor & Aldermen of City of VicksburgMississippi Supreme Court · 2002
  2. Cooper v. City of PicayuneMississippi Supreme Court · 1987
  3. City of Jackson v. United Water Services, Inc.Mississippi Supreme Court · 2010

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