MALLERY v. TAYLOR

No. 1999-CA-01281-SCT.

792 So.2d 226 (2001)

Corey MALLERY v. Don TAYLOR, Executive Director of Department of Human Services; Walter Woods, Director of Youth Services; Nanolla Yazdani; Nita Jimerson, Head Nurse; Fred Lucas, Attending Nurse; and Cherry Warner, Nurse.

Supreme Court of Mississippi.

May 17, 2001.


Attorney(s) appearing for the Case

Ray Charles Carter, Madison, Attorney for Appellant.

Office of the Attorney General, by T. Hunt Cole, Attorney for Appellee.

En Banc.


ON MOTION TO DISMISS APPEAL

BANKS, Presiding Justice, for the Court:

¶ 1. This case presents the issue of whether we are required by our rules to dismiss an appeal taken prematurely where the judgment below is now final due to a subsequent act of the trial court from which no new appeal was taken. Under the circumstances, dismissal of the appeal would result in final termination of the case without reaching the merits. We conclude that, in the...

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