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ODDIE JENKINS AND ALVIN JENKINS v. FORREST COUNTY GENERAL HOSPITAL; HATTIESBURG RADIOLOGY GROUP

May 17, 1989

ODDIE JENKINS AND ALVIN JENKINS
v.
FORREST COUNTY GENERAL HOSPITAL; HATTIESBURG RADIOLOGY GROUP, A PARTNERSHIP; DR. MARCUS HOGAN; AND DR. HERNANDO VELEZ



ON PETITION FOR REHEARING

HAWKINS, PRESIDING JUSTICE, CONCURRING:

I concur in the denial of the Petition for Rehearing.

I do think the petitioners make a cogent argument that under the authority of Landrum v. Bailey, 475 So. 2d 140 (Miss. 1985), and Clark v. City of Pascagoula, 473 So. 2d 477 (Miss. 1985), the appellants failed to timely perfect their appeal as required by Mississippi Supreme Court Rule 48 in effect at the time of trial. *fn1 Consistent with my dissent in Landrum v. Bailey, however, I would overrule Landrum v. Bailey insofar as it requires dismissing an appeal in which Rule 48 has not been followed to the letter. For an infraction of the nature of this case, as in ...


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