Purvis v. Barnes


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Docket Number: 1999-CT-00980-SCT
Linked Case(s): 1999-CA-00980-COA

Supreme Court: Opinion Date: 07-19-2001
Opinion Author: DIAZ, JUSTICE
Holding: REVERSED AND RENDERED

Additional Case Information: Judge(s) Concurring: PITTMAN, C.J., BANKS AND McRAE, P.JJ., SMITH, WALLER AND EASLEY, JJ.
Dissenting Author : COBB, J.
Concurs in Result Only: MILLS, J.
Procedural History: Bench Trial
Nature of the Case: Contract

Trial Court: Date of Trial Judgment: 05-04-1999
Appealed from: Hinds County Chancery Court
Judge: Patricia D. Wise
Disposition: After a trial, the chancellor voided the contract between Barnes and Purvis, finding that Purvis had fraudulently induced Barnes into entering into the contract. The chancellor further awarded Barnes and Sanders punitive damages against Purvis in the amount of $5,000 each, and attorney's fees in the amount of $12,230.51. The chancellor, however, did not make an award of compensatory damages. The Court of Appeals found that the award of punitive damages and attorney's fees was improper because there had not been an award of compensatory damages. The Court of Appeals further found that Purvis had properly preserved the issue for appeal, even though he did not file any post trial motions, and reversed and rendered.

Note: THE JUDGMENT OF THE COURT OF APPEALS IS REVERSED AND RENDERED AND THE JUDGMENT OF THE CHANCERY COURT OF HINDS COUNTY IS REINSTATED.

  Party Name: Attorney Name:  
Appellant: SAMMY R. PURVIS




STEPHEN L. BEACH, III



 

Appellee: MACY L. BARNES AND DANA A. SANDERS DAVID WAYNE BARIA  


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