January 9, 2014
Eduardo A. Flechas
Alyce Pearl Pitts
Ruling Date: 05/23/2013
Lincoln Chancery Court; LC Case #: 2011-0478
Edward Patten, Jr., Ruling Judge.
Disposition: Flechas's Motion for Immediate, Extraordinary Relief, and Petition for Reconsideration and/or Rehearing of Previous Ruling Based on Newly Discovered Evidence and Related Legal Issues is granted. The chancery court's order 1 of February 1, 2013, and the chancery court's order 3 of September 13, 2013, all are reversed and rendered; the chancery court's order 2 of May 23, 2013, is affirmed as to finding Flechas to be in contempt of court and requiring him to pay attorney fees of $692.50, but is otherwise reversed and vacated; the chancery court shall first review whether the request contained in the subpoena seeks documents relevant under Rule 26 to the only issue before the chancery court at this time, devisavit vel non; Flechas shall produce all documents deemed relevant to the will contests by the chancery court and create a new privilege log, listing which of the relevant documents he believes are privileged; the chancery court shall then conduct an in camera, document-by-document review of the documents claimed privileged, explaining the corresponding rule or exception which may compel the production of the subpoenaed documents; the chancery court shall conduct further hearings as are required to carry out the directions of this order; and the chancery court defer consideration of further sanctions until the discovery issues are fully resolved.
The stay entered by this Court on June 20, 2013, and continued on August 29, 2013, is vacated effective upon the issuance of this Court's mandate; the Motion to Dismiss and to Strike the Motion for Immediate, Extraordinary Relief, and Petition for Reconsideration and/or Rehearing of Previous Ruling Based on Newly Discovered Evidence and Related Legal Issues, or to Partially Strike is denied; Respondent's Rule 48A(d) Mississippi Rules Appellate Procedure Motion for Access to Sealed Document is denied; and Respondent is taxed with all costs of this appeal.
Coleman, J., disagrees.
Waller, C.J., for the Court.