Legal Opinion · Concurring in part, dissenting in part

Powell v. McLain

Mississippi Supreme Court

Decided December 13, 2012No. 2011-IA-00631-SCTPublished

1Concurring in part, dissenting in partKitchens, Justice

¶ 24. To be clear, this Court granted the defendants’ petition for interlocutory appeal in part, “solely on the issues of (1) the recorded statement of Robert Powell and (2) the privilege log.” Powell v. McClain, 105 So.3d 808 (Miss.2012). By vacating the trial court’s order in toto, the majority opinion goes beyond the scope of our order granting interlocutory review. Because I would affirm the portion of the trial court’s order regarding the privilege log, I respectfully concur in part and dissent in part.

¶ 25. The majority holds that the trial court “erred by granting Plaintiffs motion to…

2Cases cited2 opinions

  1. Roman Catholic Diocese of Jackson v. MorrisonMississippi Supreme Court · 2005
  2. Cypress Bend Investments, L.L.C. v. Louisiana First Financial Group, Inc.Louisiana Court of Appeal · 2012

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