Legal Opinion

Estate of Ristroph v. Ristroph

Court of Appeals of Mississippi

Decided December 4, 2012No. Nos. 2011-CA-00946-COA, 2011-CA-00009-COAPublished

1Opinion of the Court

MAXWELL, J.,

for the Court:

HI. Our appellate courts have held that parties may only appeal from a final judgment.1 “A final, appealable judgment is one that ‘adjudicates the merits of the controversy which settles all issues as to all the parties’ and requires no further action by the [trial] court.”2 Absent an express certification by the trial judge that there is “no just reason for delay” and an explicit direction “for the entry of the judgment,” an appeal from a judgment resolving less than all issues or claims against all parties cannot be taken.3

¶ 2. This case concerns a probate…

2Cases cited9 opinions

  1. Holland v. Peoples Bank & Trust Co.Mississippi Supreme Court · 2008
  2. M.W.F. v. D.D.F.Mississippi Supreme Court · 2006
  3. Banks v. City Finance Co.Mississippi Supreme Court · 2002
  4. Anderson v. Britton & Koontz Bank, N.A.Court of Appeals of Mississippi · 2011
  5. Williams v. Bud Wilson's Mobile Home ServiceCourt of Appeals of Mississippi · 2004

4 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