WHITAKER v. T & M FOODS, LTD.

No. 2006-CA-01365-COA.

7 So.3d 946 (2009)

Dimple G. WHITAKER and Clyde Whitaker, Appellants v. T & M FOODS, LTD. and Robert Y. Kent, Appellees.

Court of Appeals of Mississippi.

Rehearing Denied January 29, 2008.


Attorney(s) appearing for the Case

Jim Waide, D. Kirk Tharp, Tupelo, Richard Shane McLaughlin, W. Brent McBride, attorneys for appellant.

James H. Heidelberg, Jessica Marie Dupont, Pascagoula, attorneys for appellee.

Before KING, C.J., IRVING and CARLTON, JJ.


KING, C.J., for the Court.

¶ 1. Dimple and Clyde Whitaker appeal the dismissal of their case with prejudice. Relying upon the Mississippi Supreme Court's recent decision in J & J Timber Co. v. Broome, 932 So.2d 1 (Miss.2006), the trial court granted T & M Foods's Rule 60(b) motion for relief from the trial court's previous order denying summary judgment to both T & M Foods and Kent. The trial court dismissed...

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