Legal Opinion · Dissent

Claire C. Flowers v. Knox Lemee Flowers

Mississippi Supreme Court

Decided March 7, 2019No. 2016-CT-00800-SCTPublished

1Dissent

COLEMAN, JUSTICE, DISSENTING:

¶31. The Court of Appeals held that Claire and Jane have standing to request an accounting of their mother's estate and testamentary trust. I agree with the Court of Appeals and, accordingly, would affirm. The majority agrees that Claire and Jane do, in fact, have standing. Maj. Op. at ¶ 3. However, I must, with respect, dissent, because the majority considers the merits of the sisters' request for an accounting and thereby affirms the chancery court and reverses the Court of Appeals on an issue not reached by it. While the chancellor's final judgment does rely in…

2Cases cited11 opinions

  1. Sass Muni-V, LLC v. DeSoto County, MississippiMississippi Supreme Court · 2015
  2. Frisby v. City of GulfportMississippi Supreme Court · 2013
  3. Whittington v. H. T. Cottam Co.Mississippi Supreme Court · 1930
  4. Hemphill v. Mississippi State Highway CommissionMississippi Supreme Court · 1962
  5. Estate of Baumgardner v. ReadyMississippi Supreme Court · 2012

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