Moeller, et al. v. American Guarantee and Liability Ins. Co.
| Docket Number: | 1992-CA-00829-SCT | |
| Supreme Court: |
Opinion Date: 04-04-2002 Opinion Author: PITTMAN, J. Holding: AFFIRMED IN PART; REVERSED AND REMANDED IN PART |
|
| Additional Case Information: |
Judge(s) Concurring: WALLER, COBB, CARLSON AND GRAVES, JJ. Dissenting Author : McRAE, P.J., CONCURS IN PART AND DISSENTS IN PART Dissent Joined By : DIAZ AND EASLEY, JJ. Procedural History: Bench Trial Nature of the Case: Insurance |
|
| Trial Court: |
Date of Trial Judgment: 08-30-2000 Appealed from: Hinds County Chancery Court Judge: R.B. Reeves, Jr. Disposition: At trial, the chancellor rendered a judgment in favor of Moeller, which was eventually reduced by this Court on appeal. Also during the trial, Fuselier made an ore tenus motion to amend the complaint to include a request for prejudgment interest. This motion was denied. On appeal this Court reversed the chancellor regarding American Guarantee's duty to pay Fuselier's attorneys' fees and remanded for a determination of reasonable attorney's fees incurred in defense of Moeller's complaint. Moeller v. American Guarantee & Liab. Ins. Co., 707 So.2d 1062 (Miss. 1996). After remand, Fuselier filed a motion for enforcement of mandate. The special chancellor concluded that American Guarantee was liable for the costs of the original claim, as well as the counterclaim because of their involvement in such, resulting in a reimbursement by American Guarantee of the full $95,244.26. In a final judgment filed September 11, 2000, the special chancellor ordered American Guarantee to pay the above sum with post judgment interest at the rate of 8% compounded until paid, along with expenses for the cost of the remand action. |
|
| Note: | Attorney fees; Insurance; Employment WALLER, COBB, CARLSON AND GRAVES, JJ., CONCUR. McRAE, P.J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION. SMITH, P.J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION JOINED BY DIAZ AND EASLEY, JJ. | |
| Party Name: | Attorney Name: | |||
| Appellant: | ARMIN J. MOELLER, JR. AND FUSELIER, OTT & McKEE, P. A., LOUIS FUSELIER,
EMILE C. OTT AND CURTISS McKEE, INDIVIDUALLY |
DENNIS L. HORN |
||
| Appellee: | AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY | FORREST W. STRINGFELLOW WILLIAM CHARLES WILLIAMS |
|
|
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
