Allstate Insurance Company v. Jerry Green

Docket Number:	1999-CA-01795-SCT

Supreme Court:	Opinion Date: 06-21-2001 Opinion Author: COBB, JUSTICE Holding: AFFIRMED IN PART AND REVERSED IN PART AND REMANDED

Additional Case Information:	Judge(s) Concurring: PITTMAN, C.J., BANKS, P.J., SMITH AND WALLER, JJ. Judge(s) Concurring Separately: WALLER, J. BANKS, P.J., AND SMITH, J Dissenting Author : McRAE, P.J. Dissent Joined By : DIAZ AND EASLEY, JJ. MILLS, J. Procedural History: Default Judgment Nature of the Case: Contract

Trial Court:	Date of Trial Judgment: 10-13-1999 Appealed from: TISHOMINGO COUNTY CIRCUIT COURT Judge: Frank Russell Disposition: The clerk entered the default. After completion of routine discovery, a hearing was conducted on June 4, 1999, with testimony from Green and arguments of counsel, following which the circuit judge found that Green was entitled to $8,130.80 for repair work and hauling charges but not to any storage charges. Judgment was entered accordingly. Allstate timely filed a Motion for Amendment of Findings and Judgment or in the Alternative for a New Trial, which was denied by the circuit judge after hearing arguments of counsel.

Note:	WALLER, J., CONCURS WITH SEPARATE WRITTEN OPINION JOINED BY BANKS, P.J., AND SMITH, J. McRAE, P.J., DISSENTS WITH SEPARATE WRITTEN OPINION JOINED BY DIAZ AND EASLEY, JJ. MILLS, J., JOINS IN PART.

Mississippi College School of Law