Legal Opinion · Dissent

Rush Hospital v. Stephanie Carlisle

Court of Appeals of Mississippi

Decided March 6, 2018No. 2016–CA–01661–COAPublished

1Dissent

WILSON, J., DISSENTING:

¶ 21. We do not have jurisdiction to address this appeal because Rush did not file a timely notice of appeal. The chancery court entered a judgment on June 23, 2016, denying Rush's probated claim. At that point, Rush's claim was denied, and its involvement in the estate proceeding was concluded. Under the precedents of the Mississippi Supreme Court and this Court, Rush then had thirty days to appeal. Rush's November 17, 2016 notice of appeal was untimely.

¶ 22. In In re Estate of Philyaw , 514 So.2d 1232 (Miss. 1987), the chancery court entered a judgment allowing a…

2Cases cited5 opinions

  1. Donald R. Huene and Annette S. Huene v. United States of America and Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1984
  2. Matter of Estate of PetrickMississippi Supreme Court · 1994
  3. Braxton v. JohnsonMississippi Supreme Court · 1987
  4. Holston v. LadnerCourt of Appeals of Mississippi · 2005
  5. James Brett Holmes v. Becky TurnerCourt of Appeals of Mississippi · 2015

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