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Meekins v. Kennon

Court of Appeals of Mississippi

June 24, 2014

VIOLET MEEKINS AND ALEX GATES, CHAPTER 7 TRUSTEE FOR THE NORTHERN DISTRICT OF MISSISSIPPI FOR AND ON BEHALF OF VIOLET MEEKINS, APPELLANTS
v.
ERIC M. KENNON, APPELLEE

COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 08/21/2012. TRIAL JUDGE: HON. ROBERT P. CHAMBERLIN. TRIAL COURT SUMMARY JUDGMENT GRANTED IN FAVOR OF APPELLEE.

DISPOSITION: APPEAL DISMISSED.

FOR APPELLANTS: OLUFEMI GBOLAHAN SALU.

FOR APPELLEE: RUSSELL BARTON JORDAN.

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

OPINION

NATURE OF THE CASE: CIVIL - PERSONAL INJURY

BARNES, J.

¶1. Violet Meekins and Alex Gates, the Chapter 7 Trustee for the Northern District of Mississippi, on behalf of Meekins, appeal the DeSoto County Circuit Court's order granting summary judgment to the defendant, Eric M. Kennon, and its order denying the Trustee's motion to be substituted

Page 52

for the original plaintiff, Meekins, in an automobile-accident lawsuit filed bye Meekins and her minor children against Kennon.

¶2. Finding that the circuit court's order was not a final, appealable judgment, we dismiss the appeal.

SUMMARY OF FACTS AND PROCEDURAL HISTORY

¶3. On May 11, 2009, Meekins was driving a school bus when a vehicle driven by Kennon collided with the bus. Two of Meekins's own minor children were passengers on the bus.

¶4. A week prior to the accident, Meekins had consulted an attorney and begun steps to file a Chapter 7 bankruptcy petition. The petition was not filed until five days after the accident. No mention was made in the petition about a potential claim relating to the accident. On September 21, 2009, the bankruptcy case was closed, ...


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