Adoption of D.C.S. v. J.F.

¶ 31. I respectfully dissent. The facts of this case present an unusual and intriguing scenario. In my opinion, the Mississippi Supreme Court decision in In re Estate of Reid; Cupit v. Pluskat, 825 So.2d 1 (Miss.2002), controls the outcome of this case and requires that we reverse and remand this case for further proceedings.

¶ 32. I would reverse the chancellor’s judgment to deny Illinois Central Railroad Company’s leave to intervene. I would remand for the chancellor to grant Illinois Central leave to file its complaint and to conduct an evidentiary hearing on the claims asserted in the…