State Industries, Inc. v. Hodges

¶ 8. The plurality accurately identifies, the issue in this appeal as whether the allegation of fraudulent concealment asserted in the plaintiffs’s complaint must be stated with particularity under M.R.C.P. 9(b).2 The complaint merely sets forth the term “fraudulent concealment,” and does not aver such fraud with particularity in the amended complaint, as required by M.R.C.P. 9(b).

¶ 9. The plurality also points out that both the plaintiffs and the circuit court in this matter rely on this Court’s opinion in Smith v. Franklin Custodian Funds, Inc., 726 So.2d 144 (Miss.1998), to support their…