Friday, August 21, 2015
Cert Grant of Interest
The Mississippi Supreme Court granted cert in Perriece Collins v. Toikus Westbrook, M.D. yesterday. The link is to the Court of Appeals opinion. From reading the opinion and the cert request, it looks like an extension should have been granted to me. This was the case where the father Dr. Westbrook was served instead of the son Dr. Westbrook. The trial court originally granted a motion to dismiss finding that the defendant had not been served and there was not good cause to extend the time for service. The Miss. Court of Appeals affirmed. In doing so, the Court stated, “While this Court may not have made the same decision as the trial court, we cannot say the trial court abused its discretion.” The Court of Appeals opinion was split. I would predict a reversal.