SMITH v. MALOUF

No. 90-CA-0681.

597 So.2d 1299 (1992)

Robert L. SMITH, Executor of the Estate of Henderson Smith, Deceased v. Robert A. MALOUF, Michael J. Malouf, Michael B. Flanagin, Philip Simon, Jr., John T. Crouch, Janet Jones Crouch and Johnny Rees.

Supreme Court of Mississippi.

April 29, 1992.


Attorney(s) appearing for the Case

Fred T. Rucker, Scales & Scales, Jackson, for appellant.

Robert A. Malouf, Malouf & Malouf, Jackson, for appellees.

Before ROY NOBLE LEE, C.J., and BANKS and McRAE, JJ.


McRAE, Justice, for the Court:

This is the case of the plaintiff who wouldn't take "no" for an answer. The primary question is whether a plaintiff may pursue an action for trespass to real property while appealing a final decree in a separate action wherein Chancery Court of Madison County declared the plaintiff to have no legally cognizable interest in the subject property. The Court must also decide whether such persistence runs afoul of the Litigation Accountability...

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