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Sanders v. Sanders

Court of Appeals of Mississippi

April 22, 2014

CARL E. SANDERS, APPELLANT
v.
GARY SANDERS, APPELLEE

COURT FROM WHICH APPEALED: HUMPHREYS COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 09/24/2012. TRIAL JUDGE: HON. JANNIE M. LEWIS. TRIAL COURT DISMISSED COMPLAINT WITHOUT PREJUDICE.

FOR APPELLANT: CARL E. SANDERS (Pro se).

FOR APPELLEE: GARY SANDERS (Pro se).

BEFORE LEE, C.J., ROBERTS AND JAMES, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, MAXWELL AND FAIR, JJ., CONCUR. CARLTON, J., CONCURS IN RESULT ONLY.

OPINION

Page 754

NATURE OF THE CASE: CIVIL - CONTRACT

JAMES, J.

¶1. Carl Sanders filed a complaint against Gary Sanders in the Circuit Court of Humphreys County. The circuit court dismissed the lawsuit without prejudice. Carl appeals. Finding no error, we affirm.

FACTS

¶2. At issue here is the estate property of Isaac Sanders, identified as Lot 6, Friley's Estate, located in Section 34, Township 14, Range 3 West, Humphreys County, Mississippi (Estate Property). Isaac died intestate and was survived by ten children, including Carl and Gary.[1] Isaac's estate was never administered. On April 12, 2002, the putative heirs of Isaac's estate, including Gary, executed a durable power of attorney (DPA) appointing Carl as attorney-in-fact to represent their interest in the Estate Property.[2]

¶3. On May 23, 2011, attorney Jason Hadley sent Carl a letter informing Carl that his law firm represented Tanya Hoover, Gary's daughter. The letter informed Carl that Gary had appointed Tanya as his attorney-in-fact and that any future correspondence concerning Gary's interest in the Estate Property should be directed to Hadley's law firm. On June 8, 2011, Carl sent Hadley an email with a proposal to " buy-out Gary['s] . . . interest in [the] Isaac Sanders Estate Property and let him live there as long as the estate exists." Hadley responded via email conveying the following:

Attached please find the Power of Attorney of Gary Sanders appointing Tanya Hoover on May 9, 2011. Although I see no formal offer attached [to your email], Gary Sanders is not interested in selling his interest in the Estate [P]roperty. Gary Sanders is also not interested in entering the subject property into any [USDA] CRP [3] or related program . . . . [P]lease refrain from sending [communications] directly to Gary Sanders as I have previously notified you of our representation. If there is an heir that has not received notification of our representation, please provide [his or her] name and contact information so that we may confirm the same.

¶4. On November 2, 2011, attorney Michael McKay sent a letter to Gary informing him that McKay had been retained by Carl and other heirs of Isaac. The letter informed Gary that a " number of issues" had arisen between Gary and the other heirs, alleging that Gary had used the Estate ...


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