Wooten v. Miss. Farm Bureau Ins. Co.
| Docket Number: | 2003-CA-02457-SCT Linked Case(s): 2003-CA-02457-SCT ; 2003-CA-02457-SCT ; 2003-CA-02457-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 08-26-2004 Opinion Author: Waller, P.J. Holding: Appeal dismissed without prejudice. |
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| Additional Case Information: |
Topic: Insurance - Interlocutory appeal - M.R.A.P. 5 Judge(s) Concurring: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz and Graves, JJ. Concurs in Result Only: Easley, J. |
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| Trial Court: |
Date of Trial Judgment: 10-13-2003 Appealed from: Marion County Chancery Court Judge: Sebe Dale, Jr. Case Number: 2003-0083-G-D |
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| Note: | Delete from consideration - Dismissal of appeal | |
| Party Name: | Attorney Name: | |||
| Appellant: | Bethany Wooten, a Minor, by and through Her Parents, Next Friends, and Guardians, Betty Wooten and Charles Wooten |
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| Appellee: | Mississippi Farm Bureau Insurance Company |
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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: | Insurance - Interlocutory appeal - M.R.A.P. 5 |
| Summary of the Facts: | Bethany Wooten appeals from an order of the Marion County Chancery Court which denied her motion for summary judgment as a matter of law in Wooten's claim for damages under her insurance contract with Mississippi Farm Bureau Insurance Company. |
| Summary of Opinion Analysis: | Because Wooten's claim for damages remained pending in the trial court, the order denying Wooten's motion for summary judgment is interlocutory and, therefore, not appealable. In addition, Wooten never petitioned the trial court or the appellate court for permission to bring a M.R.A.P. 5 interlocutory appeal. |
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