Dalton v. Cellular South, Inc.
| Docket Number: | 2007-CA-00750-COA Linked Case(s): 2007-CA-00750-COA ; 2007-CT-00750-SCT ; 2007-CT-00750-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-16-2008 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Contract - Termination of agency relationship Judge(s) Concurring: King, C.J., Myers, P.J., Barnes, Ishee, and Carlton, JJ. Non Participating Judge(s): Griffis, J. Dissenting Author : Irving, J.., with separate written opinion. Dissent Joined By : Lee, P.J., and Chandler, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 04-05-2007 Appealed from: WINSTON COUNTY CIRCUIT COURT Judge: Joseph H. Loper Disposition: SUMMARY JUDGMENT AND DECLARATORY JUDGMENT ENTERED IN FAVOR OF CELLULAR SOUTH Case Number: 2006-013-CV-L |
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| Note: | The SCT affirmed this decision in part, reversed in part, and remanded on 11/12/2009. See the SCT opinion at: http://www.mssc.state.ms.us/Images/HDList/..%5COpinions%5CCO59040.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | GREGORY S. DALTON, INDIVIDUALLY AND D/B/A LOUISVILLE ELECTRONICS |
WILLIAM LISTON,
DEWITT T. HICKS,
JOHN M. MONTGOMERY,
SARA E. WOODRELL |
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| Appellee: | CELLULAR SOUTH, INC. | CHARLES L. MCBRIDE, ANNE C. SANDERS, KATIE L. WALLACE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Contract - Termination of agency relationship |
| Summary of the Facts: | Cellular South, Inc., sued Gregory Dalton and sought a declaratory judgment. Cellular South claimed it properly terminated its agency relationship with Dalton. Both parties filed motions for summary judgment. The court found that the agreement between Dalton and Cellular South was unambiguous and granted summary judgment on behalf of Cellular South. Dalton appeals. |
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