MYATT v. PECO FOODS OF MISSISSIPPI, INC.

No. 2007-CA-01824-COA.

22 So.3d 334 (2009)

Patricia MYATT, individually and on Behalf of all Wrongful Death Beneficiaries of Todd David Myatt, Deceased, Appellant/CrossAppellee, v. PECO FOODS OF MISSISSIPPI, INC., Appellee, and Winston Bailey, Appellee/Cross-Appellant.

Court of Appeals of Mississippi.

November 10, 2009.


Attorney(s) appearing for the Case

James Ashley Ogden, Jackson, attorney for appellant/cross appellee.

Sheldon G. Alston, Jonathan Robert Werne, Jackson, attorneys for appellee.

John B. MacNeill, Susan R. Bryan, Jackson, Attorneys for Appellee/Cross-Appellant.

Before LEE, P.J., GRIFFIS and BARNES, JJ.


BARNES, J., for the Court.

¶ 1. In this wrongful death claim, Patricia Myatt (Patricia) appeals the Neshoba County Circuit Court's granting of summary judgment in favor of Peco Foods of Mississippi, Inc. (Peco). Additionally, Winston Bailey, co-defendant of Peco, appeals the entry of the Rule 54(b) final judgment in favor of Peco. Finding that the trial court erred in granting the Rule 54(b) certification, we dismiss this appeal for lack of jurisdiction.

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