Miss. Bar v. Hughes


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Docket Number: 2007-BD-01206-SCT

Supreme Court: Opinion Link
Opinion Date: 04-17-2008
Opinion Author: Easley, J.
Holding: The Mississippi Bar's motion to dismiss the complaint without prejudice is granted.

Additional Case Information: Topic: Bar discipline - Service of process - Miss.R.Disc. 13 - M.R.C.P. 4
Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - BAR MATTERS

Note: This matter came before the Court, en banc, on a motion filed by the Mississippi Bar seeking to dismiss the complaint without prejudice in the above styled case against Yvonne Hughes. The case involves the Mississippi Bar’s request that this Court impose reciprocal discipline against Hughes pursuant to Mississippi Rule of Discipline 13. The record reveals that the Bar has served Hughes with process through the executive director of the Mississippi Bar pursuant to Mississippi Rule of Discipline 16. However, the Bar has been unable to serve Hughes with process after numerous documented attempts to serve her with process at various locations. The Bar’s service of process on Hughes is insufficient under Mississippi Rule of Discipline 16 and Mississippi Rule of Civil Procedure 4. The Bar now requests that this Court dismiss the complaint without prejudice in the above-styled case.

  Party Name: Attorney Name:  
Appellant: The Mississippi Bar








 

Appellee: Yvonne L. Hughes  

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Topic: Bar discipline - Service of process - Miss.R.Disc. 13 - M.R.C.P. 4

Summary of the Facts: The Mississippi Bar seeks to dismiss the complaint without prejudice in the case it filed against Yvonne Hughes. The case involves the Mississippi Bar’s request that the Court impose reciprocal discipline against Hughes pursuant to Mississippi Rule of Discipline 13.

Summary of Opinion Analysis: The Bar has been unable to serve Hughes with process after numerous documented attempts to serve her with process at various locations. The Bar’s service of process on Hughes is insufficient under Mississippi Rule of Discipline 16 and M.R.C.P. 4. Therefore, the Bar’s request to dismiss the complaint without prejudice is granted.


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