Whitaker v. T & M Foods, Ltd.


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Docket Number: 2006-CT-01365-SCT
Linked Case(s): 2006-CA-01365-COA ; 2006-CA-01365-COA ; 2006-CT-01365-SCT ; 2006-CT-01365-SCT

Supreme Court: Opinion Link
Opinion Date: 04-16-2009
Opinion Author: Randolph, J.
Holding: The motion for rehearing of T&M Foods, Ltd. and Robert Y. Kent is denied. The previous opinions of this Court are withdrawn and this opinion substituted therefor. Reversed and Remanded.

Additional Case Information: Judge(s) Concurring: Waller, C.J., Dickinson, Lamar, Kitchens and Pierce, JJ.
Non Participating Judge(s): Carlson, P.J., and Chandler, J.
Concurs in Result Only: Graves, P.J.
Procedural History: Motion for Rehearing; Summary Judgment
Nature of the Case: Motion for Rehearing; CIVIL - PERSONAL INJURY
Writ of Certiorari: yes
Appealed from Court of Appeals

Trial Court: Date of Trial Judgment: 05-26-2006
Appealed from: LEE COUNTY CIRCUIT COURT
Judge: Paul S. Funderburk
Disposition: The circuit court granted T&M Foods’ Rule 60(b) motion for relief from the circuit court’s prior order denying summary judgment to T&M Foods and Robert Y. Kent. Following dismissal of their case, the Whitakers appealed. The Court of Appeals affirmed.
Case Number: 01-039(G)L

Note: The motion for rehearing of T&M Foods, Ltd. and Robert Y. Kent is denied. The previous opinions of this Court are withdrawn and this opinion substituted therefor. Reversed and Remanded. See COA opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO43811.pdf

  Party Name: Attorney Name:  
Appellant: Dimple G. Whitaker and Clyde Whitaker




JIM WAIDE, D. KIRK THARP, RICHARD SHANE McLAUGHLIN, W. BRENT McBRIDE



 

Appellee: T & M Foods, Ltd. and Robert Y. Kent JAMES H. HEIDELBERG, STEPHEN WALKER BURROW, JESSICA MARIE DUPONT  


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