WHITNEY NAT. BANK v. SMITH

No. 90-CA-110.

613 So.2d 312 (1993)

WHITNEY NATIONAL BANK OF NEW ORLEANS v. Cecil G. Smith, Jr., a/k/a, Gill Smith.

Supreme Court of Mississippi.

February 11, 1993.


Attorney(s) appearing for the Case

Daniel J. Mulholland, Alan W. Perry, Fred Krutz, III, Forman Perry Watkins & Krutz, Jackson, for appellant.

Terryl K. Rushing, Alston Rutherford Tardy & Van Slyke, Jackson, R.L. Netterville, Natchez, for appellee.

En Banc.


BANKS, Justice, for the Court:

Here we are compelled to treat an instance wherein a court, without notice to the plaintiff, entered an ex parte order amending a previous order, from dismissal of plaintiff's claim without prejudice, to dismissal with prejudice. Finding that the procedure utilized egregiously offends all notions of due process and acceptable conduct, and further that the amending order, on its merits, was patently unjustified, we reverse and...

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