Franklin Collection Service, Inc. v. Gwenlyn M. Collins

¶ 18. Because the circuit court erred in denying the motion for summary judgment, I respectfully dissent. Since FCS demonstrated that there was no genuine issue as to any material fact, I would vacate the judgment based on the jury’s award and reverse the trial court’s denial of summary judgment. I would render judgment in favor of FCS for $950 and remand the issue of attorney’s fees to the trial court to be assessed pursuant to Mississippi Code Annotated section 11-53-81 (Rev. 2012).

¶ 19, After its appeal to circuit court, FCS responded to Collins by propounding discovery and filing a motion…