In the Estate of Wallace v. Mohamed, et al.
| Docket Number: | 2009-CT-00132-SCT Linked Case(s): 2009-CA-00132-COA ; 2009-CA-00132-COA ; 2009-CT-00132-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 08-25-2011 Opinion Author: Randolph, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Wrongful death - Standing - Section 91-7-233 - Section 11-7-13 Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and Pierce, JJ. Non Participating Judge(s): King, J. Procedural History: Dismissal Nature of the Case: CIVIL - WRONGFUL DEATH Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 12-15-2008 Appealed from: Lowndes County Circuit Court Judge: Lee J. Howard Disposition: DISMISSED FOR LACK OF STANDING, DENIED SUBSTITUTION OF DECEDENT’S SON, AND ABSTAINED FROM RULING ON A RULE 60(b) MOTION FOR RECONSIDERATION Case Number: 2005-0176-CV1 |
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| Note: | The supreme court vacated the decision of the court of appeals and reverse the circuit court’s decision to dismiss the wrongful death suit. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | In the Estate of Cynthia Wallace, Deceased, Personal Representative Louis M. Wallace |
SHIRLEY C. BYERS |
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| Appellee: | Emad H. Mohamed, M.D., Bristol Myers Squibb Company and Sanofi Synthelabo, Inc. | DIANE V. PRADAT L. CARL HAGWOOD WALTER T. JOHNSON JOSEPH GEORGE BALADI |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Wrongful death - Standing - Section 91-7-233 - Section 11-7-13 |
| Summary of the Facts: | Louis Wallace filed a suit in the Circuit Court of Lowndes County, styled Louis Wallace, Personal Representative of the Estate of Cynthia Wallace v. Dr. Emad Mohamed, alleging wrongful death as the cause of action. After discovering evidence that Louis was never legally married to Cynthia, Mohamed moved to intervene in the estate proceedings in the Chancery Court of Lowndes County. The chancellor allowed the intervention, considered the evidence, and removed Wallace as the administrator, and in his stead, appointed the Chancery Clerk of Lowndes County. Subsequently, Mohamed moved to dismiss the wrongful death action, claiming Wallace lacked standing to bring the suit on behalf of the estate. The circuit court granted the motion and dismissed the wrongful death action. Wallace appealed the chancery court’s decision to allow Mohamed to intervene in the estate proceedings, as well as the decision to remove Wallace as estate administrator. The Mississippi Court of Appeals reversed both chancery court rulings and remanded the case with instructions to reinstate Wallace as the estate administrator. Wallace then appealed the circuit court’s judgment, which had granted Mohamed’s motion to dismiss the wrongful death suit. The Court of Appeals, relying on its decision in the chancery court appeal, reversed the circuit court and held that Wallace had standing to file a wrongful death action on behalf of the estate. Mohamed first filed a petition for writ of certiorari from the decision of the Court of Appeals reinstating Wallace as the estate administrator. The Supreme Court reversed the Court of Appeals and reinstated the decision of the chancellor, finding that the chancellor did not abuse his discretion in removing Wallace as the estate administrator. Mohamed now appeals the decision of the Court of Appeals that reversed the circuit court’s dismissal of the wrongful death suit. |
| Summary of Opinion Analysis: | Mohamed argues that Wallace lacked standing to bring the wrongful death action. Section 91-7-233 provides that administrators may commence and prosecute any personal action whatever, at law or in equity, which the testator or intestate might have commenced and prosecuted. Section 11-7-13 states that an action for damages in a wrongful death suit may be brought in the name of the personal representative of the deceased person. Standing is to be determined as of the commencement of suit. Wallace was the administrator of the estate at its commencement. When he was removed, the chancery court was not asked to vacate his actions prior to removal or to enter a nunc pro tunc order appointing the new administrator. The new administrator was appointed in the same order. Thus an estate with a court-appointed administrator existed at all relevant times. The circuit court correctly dismissed Wallace from the circuit court action, for he was neither a personal representative of the estate nor a wrongful death beneficiary. However, the trial court erred in dismissing the wrongful death action brought by the estate and on behalf of the wrongful death claimants who were seeking a trial date at the same hearing. The Court of Appeals decision is vacated and the circuit court’s decision to dismiss the wrongful death suit is reversed. |
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