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EMC MORTG. CORP. v. CARMICHAEL

Nos. 2008-IA-00170-SCT, 2008-IA-00324-SCT.

17 So.3d 1087 (2009)

EMC MORTGAGE CORPORATION v. Bettye C. CARMICHAEL.

Supreme Court of Mississippi.

September 24, 2009.

Attorney(s) appearing for the Case

C. York Craig, III, J. Chase Bryan, Jackson, Amanda Bardin Robinson, attorneys for appellant.

Roy J. Perilloux, James Eldred Renfroe, attorneys for appellee.

Before GRAVES, P.J., DICKINSON and CHANDLER, JJ.

DICKINSON, Justice, for the Court.

¶ 1. Bettye C. Carmichael's fraud claim against her mortgagor was dismissed in the mortgagor's bankruptcy, and the mortgagor's assets (including the plaintiff's mortgage) were sold to a successor in interest. Carmichael filed suit in circuit court against the successor in interest, whose motion to dismiss was denied by the trial court. Because we find that the plaintiff's suit is barred by res judicata, we reverse and render...

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