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Legal Opinion · Concurring in part, dissenting in part

Francis N. Burgess, Sr. v. H. Alex Trotter

Court of Appeals of Mississippi

Decided April 3, 2018No. 2016–CA–01496–COAPublished

1Concurring in part, dissenting in part

WILSON, J., CONCURRING IN PART AND DISSENTING IN PART:

¶ 30. I concur in Parts I and III of the majority opinion, as I agree that there was evidence to support the trial judge's findings that Burgess trespassed and caused damage to Trotter's property, and I agree that the trial judge made sufficient findings under Rule 52. However, I dissent as to Part II because the evidence does not support the amount of damages awarded. I would reverse and remand for a new trial on damages.

¶ 31. A one-page "Damage Summary" that "[Trotter] and [his lawyer] composed in anticipation of trial" was admitted into…

2Cases cited7 opinions

  1. Foster v. NoelMississippi Supreme Court · 1998
  2. University of Southern Miss. v. WilliamsMississippi Supreme Court · 2004
  3. Thomas v. Global Boat Builders & RepairmenMississippi Supreme Court · 1986
  4. Thomas M. Dennis v. Shelia F. DennisMississippi Supreme Court · 2017
  5. Teledyne Exploration Company v. DickersonMississippi Supreme Court · 1971

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