Well, after Tuesday of this week I am utterly confused about post-trial motions in chancery court in Mississippi. The Mississippi Court of Appeals decided Ainsworth v. Ainsworth on Tuesday which is located here. In that case, the Court of Appeals ruled that because Mr. Ainsworth did not raise certain issues in a post-trial motion, he waived them for appeal purposes. This seems to directly contradict, Forbes v. St. Martin, et. al, located here which specifically held that no post-trial motion was necessary to perfect an appeal from chancery. The Ainsworth cases means one of the following and I am not sure which:
(1) You must file a post-trial motion in chancery to preserve your issues for appeal; or (2) You don't have to file a post-trial motion, but if you do you better raise everything.
No comments:
Post a Comment