Legal Opinion · Concurring in part, dissenting in part

Jeanette Carpenter v. Kenneth Thompson Builder, Inc.

Mississippi Supreme Court

Decided August 21, 2014No. 2011-CT-01028-SCT, 2011-CT-01033-SCTPublished

1Concurring in part, dissenting in partLamar, Justice

¶ 21. I agree with the majority’s decision to affirm the trial court’s dismissal of the Second Amended Complaint in Carpenter I,9 but I disagree with its decision to affirm the dismissal of Carpenter ■ II, Because I find that Carpenter II is not barred by the doctrine of elaim-splitting or by res judicata, I respectfully dissent in part.

¶ 22. In his Order dismissing Carpenter II, the- trial judge found that Carpenter had “improperly filed this lawsuit contrary to the long-standing principal [sic] in Mississippi prohibiting a party from splitting a cause of action into the subject of two…

2Cases cited8 opinions

  1. Costello v. United StatesSupreme Court of the United States · 1961
  2. Brenda Curtis and Alvin Williamson v. Citibank, N.A., Citicorp North America, Inc. And Citicorp SecuritiesCourt of Appeals for the Second Circuit · 2000
  3. Harrison v. Chandler-Sampson Ins., Inc.Mississippi Supreme Court · 2005
  4. Wilner v. WhiteMississippi Supreme Court · 2006
  5. EMC Mortgage Corp. v. CarmichaelMississippi Supreme Court · 2009

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