Guice v. Miss. Life Ins. Co.


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Docket Number: 2000-IA-01516-SCT

Supreme Court: Opinion Link
Opinion Date: 01-30-2003
Opinion Author: Smith, P.J.
Holding: Affirmed and Remanded

Additional Case Information: Topic: Insurance - Venue - Section 11-5-1 - Personal property - Section 1-3-41
Judge(s) Concurring: Pittman, C.J., Waller, Cobb, Easley and Carlson, JJ.
Judge(s) Concurring Separately: Waller, J., Specially Concurs With Separate Written Opinion, Joined by Smith, P.J. Cobb and Carlson, JJ.
Dissenting Author : Graves, J. GRAVES, J.,
Dissenting Author : McRae, P.J.
Dissent Joined By : Diaz, J.
Procedural History: Interlocutory Appeal/Venue
Nature of the Case: CIVIL - OTHER

Trial Court: Date of Trial Judgment: 09-01-2000
Appealed from: Madison County Chancery Court
Judge: William Joseph Lutz
Disposition: Denied a motion to transfer on venue.
Case Number: 2000-226

Note: interlocutory appeal PITTMAN, C.J., WALLER, COBB, EASLEY AND CARLSON, JJ., CONCUR. GRAVES, J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION. WALLER, J., SPECIALLY CONCURS WITH SEPARATE WRITTEN OPINION JOINED BY SMITH, P.J., COBB AND CARLSON, JJ. McRAE, P.J., DISSENTS WITH SEPARATE WRITTEN OPINION JOINED BY DIAZ, J.

  Party Name: Attorney Name:  
Appellant: Dudley Guice, Sr.




T. JACKSON LYONS BRYAN HOWARD CALLAWAY



 

Appellee: Mississippi Life Insurance Company KENNA L. MANSFIELD, JR. WALTER D. WILLSON  

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Topic: Insurance - Venue - Section 11-5-1 - Personal property - Section 1-3-41

Summary of the Facts: Mississippi Life Insurance Company filed suit against Dudley Guice, Sr. alleging that he fraudulently induced MS Life to enter into two disability credit insurance policies covering promissory notes on vehicles that he had purchased and that he had filed fraudulent claims under the policies. Guice filed a motion to transfer venue which the court denied. Guice petitioned for interlocutory appeal which was granted by the Supreme Court.

Summary of Opinion Analysis: Guice argues that this is an in personam action and that the case should be transferred to the Chancery Court of Jefferson County, the county where Guice resides. Venue of a suit in equity is governed entirely by statute. Section 11-5-1 provides that suits respecting real or personal property may be brought in the chancery court of the county in which the property is located. Section 1-3-41 defines personal property to include goods, chattels, evidences of rights of action, and all written instruments by which any pecuniary obligation, or any right, title, or interest in any real or personal estate, shall be created, acknowledged, transferred, incurred, defeated, discharged, or diminished. The items of personal property, the certificates and money held by MS Life, are the subject of this lawsuit and establish venue in Madison County. An in rem versus in personam distinction is irrelevant to the application of section 11-5-1.


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