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THIROUX EX REL. CRUZ v. AUSTIN

No. 97-CA-01222-SCT.

749 So.2d 1040 (1999)

Shawndee and Sharette THIROUX, Minors, By and Through Their Legal Guardian, Vanessa E. Santa CRUZ v. Jason W. AUSTIN, a Minor, By and Through His Legal Guardian and Next Friend, Nettie ARCENEAUX.

Supreme Court of Mississippi.

November 18, 1999.

Attorney(s) appearing for the Case

Robert H. Tyler, V. Denise Lee, Biloxi, Attorneys for Appellants.

H.M. Yoste, Jr., Biloxi, Russell S. Gill, Gulfport, Attorneys for Appellees.

EN BANC.

WALLER, Justice, for the Court:

STATEMENT OF THE CASE AND FACTS

¶ 1. Jason W. Austin was tried, convicted, and sentenced for the murder of William Albert Thiroux, Jr., who left no surviving spouse, and was survived by two minor children, who were also his sole heirs at law. The legal guardian of the two minor children filed the instant wrongful death action almost three and a half years after the death of their father. The trial judge dismissed...

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