Miller v. Continental Mineral Processing


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Docket Number: 2008-CA-02148-COA
Court of Appeals: Opinion Link
Opinion Date: 07-20-2010
Opinion Author: Maxwell, J.
Holding: Dismissed.
Additional Case Information: Topic: Wrongful death - Interlocutory appeal - M.R.C.P. 54(b)
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Roberts, JJ.
Non Participating Judge(s): Carlton, J.
Procedural History: Summary Judgment
Nature of the Case: CIVIL - WRONGFUL DEATH
Trial Court: Date of Trial Judgment: 11-24-2008
Appealed from: Copiah County Circuit Court
Judge: Lamar Pickard
Disposition: SUMMARY JUDGMENT GRANTED IN FAVOR OF DEFENDANTS
Case Number: 2002-0680
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Geraldstine Miller, et al.




 WILLIAM MITCHELL CUNNINGHAM, JR., JACK W. HARANG, A. MICHAEL ESPY



  
  • Appellant #1 Brief
  • Appellant #1 Reply Brief
    		•
    Appellee: Continental Mineral Processing, Engelhard Corporation, and Mearl Corporation J. CHASE BRYAN, SPENCER JAYON FLATGARD, COLLEEN SUZANNE CERKAN WELCH  
    Appellee #2:  
    Synopsis provided by:

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    Topic: Wrongful death - Interlocutory appeal - M.R.C.P. 54(b)
    Summary of the Facts: Grover Miller died from injuries allegedly resulting from his exposure to silica and silica dust where he was employed. The personal representative of Miller’s estate, Geraldstine Miller, filed suit on behalf of the wrongful-death beneficiaries against numerous defendants alleging various causes of action. Of these defendants, Continental Mineral Processing, Engelhard Corporation, and Mearl Corporation moved for summary judgment, arguing the claims against them were barred by the statute of limitations. The circuit court agreed and granted partial summary judgment. Geraldstine appeals.
    Summary of Opinion Analysis: Because the circuit court’s judgment did not adjudicate the claims against all defendants, and there has been no attempt to comply with the requirements of M.R.C.P. 54(b), the circuit court’s order is interlocutory and nonappealable.


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