Legal Opinion · Concurrence

Kimbrough v. Kimbrough

Court of Appeals of Mississippi

Decided February 28, 2012No. 2010-CA-01279-COAPublished

1Concurrence

GRIFFIS, P.J.,

Specially Concurring:

¶ 11. My analysis of this case is different than the majority’s and requires that I •write a specially concurring opinion.

¶ 12. This is an appeal under Mississippi Rule of Civil Procedure 54(b). I would reverse and remand this case because it is clearly an improper appeal under the rule.

¶ 13. This is not the type of case that should be certified for appeal under Rule 54(b). The comment provides, “Rule 54(b) may be invoked only in a relatively select group of cases and applied to an even more limited category of decisions.” M.R.C.P. 54(b) cmt. This is not one…

2Cases cited2 opinions

  1. Hinton v. HintonMississippi Supreme Court · 1965
  2. Hyer v. HyerMississippi Supreme Court · 1994

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