Rushing v. Trustmark National Bank

¶ 17. I respectfully dissent from the majority’s opinion. The majority finds that Kelsey and Yumeka Rushing waived any claims they possessed against Trust-mark National Bank when they renewed their existing, or original, construction loan with Trustmark while aware of potential causes of action they intended to pursue against the bank. The majority bases this finding on the waiver doctrine as set forth in Citizens National Bank v. Wattman, 344 So.2d 725 (Miss.1977).3 A review of Wattman reveals that Wattman held that the execution of a renewal note with knowledge of the facts constituting a…