Covenant Health & Rehab. of Picayune, LP v. Estate of Moulds
| Docket Number: | 2007-CT-01250-SCT Linked Case(s): 2007-CA-01250-COA ; 2007-CA-01250-COA ; 2007-CT-01250-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 08-06-2009 Opinion Author: Randolph, J. Holding: THE JUDGMENT OF THE COURT OF APPEALS IS REVERSED. THE JUDGMENT OF THE CIRCUIT COURT OF PEARL RIVER COUNTY IS REINSTATED AND AFFIRMED. |
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| Additional Case Information: |
Judge(s) Concurring: Waller, C.J., Carlson, P.J., Dickinson, Lamar, Kitchens and Pierce, JJ. Non Participating Judge(s): Chandler, J. Concurs in Result Only: Graves, P.J. with separate written opinion. Procedural History: Motion to Compel Arbitration Nature of the Case: CIVIL - WRONGFUL DEATH Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 07-02-2007 Appealed from: PEARL RIVER COUNTY CIRCUIT COURT Judge: R. I. Prichard, III Disposition: The circuit court denied Covenant Health's motion to compel arbitration, finding inter alia that the admissions agreement as a whole was unconscionable. Case Number: 2006-0439P |
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| Note: | The COA opinion is reversed and the trial court's decision is reinstated. See the original COA opinion at: http://www.mssc.state.ms.us/Images/HDList/..%5COpinions%5CCO48905.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | COVENANT HEALTH & REHABILITATION OF
PICAYUNE, LP AND COVENANT DOVE, INC. |
JOHN L. MAXEY, II,
HEATHER MARIE ABY,
PAUL HOBART KIMBLE |
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| Appellee: | ESTATE OF MITTIE M. MOULDS, BY AND THROUGH JAMES BRADDOCK, ADMINISTRATOR FOR THE USE AND BENEFIT OF THE ESTATE AND WRONGFUL DEATH BENEFICIARIES OF MITTIE M. MOULDS | F. M. TURNER | ||
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