Thursday, September 10, 2015
Failing to File Motion to Reconsider
The Mississippi Court of Appeals decided Anderson v. Anderson on Tuesday located here. Mr. Anderson challenged the chancellor's distribution of certain retirement accounts. The Court found that the issue had been waived by the trial court attorney failing to file a motion to reconsider. There is still a line of cases that say it is not necessary to file a motion to reconsider when appealing a chancery judgment. This is an issue the Mississippi Supreme Court needs to clarify at some point.