Frivolous Motions

When is a motion frivolous in Mississippi?   "A pleading or motion is frivolous within the meaning of Rule 11 only when, objectively speaking, the pleader or movant has no hope of success." Leaf River Forest Prods., Inc. v. Deakle, 661 So.2d 188, 195 (Miss. 1995). A claim that is merely "weak" or "light-headed" does not meet this definition of frivolous. Id.

Winding Up Affairs of a Company

Can a dissolve company sign a deed or other items to wrap up their affairs if they are dissolved.  The answer in Mississippi seems to be yes.  Mississippi Code 79-29-809 (2) provides that for limited liability companies, they can:  "(2) Upon dissolution of a limited liability company, the persons winding-up the limited liability company's affairs may, in the name of, and for and on behalf of, the limited liability company, prosecute and defend suits, whether civil, criminal or administrative, gradually settle and close the limited liability company's business, dispose of and convey the limited liability company's property, discharge or make reasonable provision for the limited liability company's liabilities, and distribute to the members any remaining assets of the limited liability company, all without affecting the liability of members and managers and without imposing liability on a liquidating trustee."

Conservatorship to Probate

Most attorney's are not aware that a conservatorship is to be converted to a probate once the ward dies if there is no will.  Mississippi Code Annotated 91-7-68 provides that:

"Upon the death intestate of any person under legal disability for whom a guardian, conservator or other fiduciary has been appointed by a court of competent jurisdiction and is serving, the judge or clerk of such court, upon proof of death of such person, may issue letters of administration to the already acting fiduciary, unless some relative or other person entitled to administer the estate shall within thirty days after the death of such person apply to the court for such administration. Upon the issuance of letters of administration to the already acting fiduciary, such fiduciary shall thereupon publish notice to creditors and administer the decedent's estate in the manner required by law. Such fiduciary's bond shall continue in force and he shall make only one (1) final account, unless the court, on the motion of any interested party or its own motion, shall require additional bond or accounting."

Habitual Drunkenness

Mississippi still has the divorce ground of habitual drunkenness.  “A court may grant a divorce on the ground of habitual drunkenness if the plaintiff proves that: (1) the defendant frequently abused alcohol; (2) the alcohol abuse negatively affected the marriage; and (3) the alcohol abuse continued at the time of the trial.” Turner v. Turner, 73 So. 3d 576, 583 (¶30) (Miss. Ct. App. 2011).   In Sproles v. Sproles, 782 So. 2d 742, 744-45 (¶¶4,7) (Miss. 2001), the court found that the husband’s habit of drinking a case of beer each night, which caused him to become abusive and critical, constituted grounds for divorce under habitual drunkenness. On the other hand, in Culver v. Culver, 383 So. 2d 817, 817-18 (Miss. 1980), the court found that the husband’s habit of drinking four to five beers a night that did not negatively impact the marriage failed to support a divorce under habitual drunkenness.  Question I have is what proof is needed that the drinking continues?  What happens if they just don't drink at trial and then start drinking there?

Marital Fault

I came across this in an opinion and found it helpful in determining when fault should be considered by the trial court.  Marital misconduct is a viable factor entitled to be given weight by the chancellor when the misconduct places a burden on the stability and harmony of the marital and family relationship." Bond v. Bond, 69 So. 3d 771, 773 (¶6) (Miss. 2011) (citing Carrow v. Carrow, 642 So. 2d 901, 904 (Miss. 1994)). Where the only evidence of adultery occurred after the couple's separation; it is not error in refusing to give weight to this factor as there was no evidence that it harmed the marital relationship.