Chevron U.S.A., Inc. v. Alcus Smith and Kay Smith


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Docket Number: 1999-CA-01658-SCT
Linked Case(s): 1999-CA-01658-SCT
Supreme Court: Opinion Date: 10-17-2002
Opinion Author: SMITH,
Holding: REVERSED AND RENDERED We find that the trial court erred in allowing a jury trial as the Smiths failed to exhaust administrative remedies before seeking relief in the trial court. Donald v. Amoco Prod. Co., 735 So. 2d 161 (Miss. 1999).
Additional Case Information: Judge(s) Concurring: PITTMAN, C.J., WALLER, COBB AND CARLSON, JJ.,
Non Participating Judge(s): GRAVES, J.,
Dissenting Author : McRAE, P.J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION EASLEY, J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION.
Dissent Joined By : DIAZ, J.
Procedural History: Jury Trial
Nature of the Case: Real Property
Trial Court: Date of Trial Judgment: 08-30-1999
Appealed from: Hinds County Circuit Court
Judge: James E. Graves, Jr.
Disposition: The jury found Chevron 100% liable, but it deadlocked on the issue of punitive damages. The trial court granted a mistrial as to punitive damages, but it denied a new trial on that issue since a different jury would have to hear it, in violation of Miss. Code Ann. ยง 11-1-65 (2002).
Note: We find that the trial court erred in allowing a jury trial as the Smiths failed to exhaust administrative remedies before seeking relief in the trial court. Donald v. Amoco Prod. Co., 735 So. 2d 161 (Miss.1999). PITTMAN, C.J., WALLER, COBB AND CARLSON, JJ., CONCUR. McRAE, P.J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION JOINED BY DIAZ, J. EASLEY, J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION. GRAVES, J., NOT PARTICIPATING.
  Party Name: Attorney Name:  
Appellant: CHEVRON U.S.A., INC.




 LUTHER T. MUNFORD REUBEN V. ANDERSON MICHAEL B. WALLACE AMANDA JONES ROBERT E. MEADOWS WILLIAM R. KEFFER ROBERT O. ALLEN



  
Appellee: ALCUS SMITH AND KAY SMITH DAVID T. COBB ROBERT L. JOHNSON, III JAY BOLING STUART H. SMITH ROBERT RUSSELL WILLIARD  


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