Legal Opinion · Concurrence

Phyllis Maness v. K & A Enterprises of Mississippi, LLC

Mississippi Supreme Court

Decided August 9, 2018No. 2017-CA-00173-SCTPublished

1Concurrence

MAXWELL, JUSTICE, SPECIALLY CONCURRING:

¶ 67. I write separately to address the Manesses' so-called motions "for reconsideration." While a harmless issue here, this case illustrates the confusion often created by such motions.

¶ 68. Technically, "[t]he Mississippi Rules of Civil Procedure do not provide for a motion for reconsideration." McBride v. McBride , 110 So.3d 356 , 359 (Miss. Ct. App. 2013). Rule 54(b) does makes clear that a decision, order, or judgment that disposes of less than all claims by all parties is interlocutory and therefore "is subject to revision at any time before the…

2Cases cited8 opinions

  1. Little v. Liquid Air Corp.Court of Appeals for the Fifth Circuit · 1994
  2. Elouise Cobell v. Sally JewellCourt of Appeals for the D.C. Circuit · 2015
  3. Javier Cabral v. Megan BrennanCourt of Appeals for the Fifth Circuit · 2017
  4. Briney v. US Fidelity & Guar. Co.Mississippi Supreme Court · 1998
  5. McNeese v. McNeeseMississippi Supreme Court · 2013

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API