OF JUDGMENT: 06/27/2015
FROM WHICH APPEALED HINDS COUNTY CIRCUIT COURT, FIRST
JUDICIAL DISTRICT HON. JEFF WEILL SR.
ATTORNEY FOR APPELLANT DONALD W. BOYKIN
ATTORNEY FOR APPELLEE D. STERLING KIDD
IRVING, P.J., CARLTON AND WESTBROOKS, JJ.
This is an appeal from the Circuit Court of the First
Judicial District of Hinds County. The Jackson Housing
Authority ("JHA") brought a civil lawsuit against
Annie Figures and requested an order of eviction. The justice
court ruled for the Jackson Housing Authority. Figures
appealed to the County Court of Hinds County, which held a de
novo trial and issued a judgment of eviction. Figures
appealed to the Circuit Court of Hinds County, which affirmed
the decision of the county court. Finding no reversible
error, we affirm.
AND PROCEDURAL HISTORY
Figures was a resident of Golden Key Apartments in Jackson,
Mississippi. Golden Key Apartments is owned and operated by
the JHA. These apartments are for disabled and elderly
people. Figures threatened two other residents in her
apartment building, resulting in a violation of her lease
agreement. Figures was given an eviction notice. In
compliance with her due-process rights, JHA held a hearing
and voted to uphold the eviction. When Figures failed to
vacate the premises, JHA obtained an order of eviction from
the Hinds County Justice Court and filed a civil lawsuit
Figures appealed to county court. A de novo trial was
conducted. At trial, witnesses testified that Figures had
threatened to "blow their heads off." The county
court ordered Figures to vacate the premises and to refrain
from further "threatening and/or harassing other
tenants." Figures appealed the ruling to the Circuit
Court of the First Judicial District of Hinds County. Relying
on the record, the circuit court affirmed the decision of the
county court. On February 11, 2016, the circuit court entered
an order denying Figures's motion for rehearing and
granting a temporary stay pending further appeal. Figures now
appeals the circuit court's decision. Based on our review
of the record, we affirm.
"The standard by which an appellate court reviews
factual determinations made by a trial judge sitting without
a jury is the substantial-evidence standard." Norris
v. Sw. Miss. Reg'l Med. Ctr., 105 So.3d 410, 414
(¶14) (Miss. Ct. App. 2012) (citation omitted). Under
this standard, a trial judge's "findings will not be
reversed on appeal where they are supported by substantial,
credible, and reasonable evidence." Id.
(quotation marks omitted). ¶5. "The appellate court
is limited to an abuse-of-discretion standard when reviewing
an alleged sequestration violation." White v.
State, 127 So.3d 170, 174 (¶10) (Miss. 2013).
¶6. Additionally, "[o]ur well-settled standard of
review for the admission or suppression of evidence is abuse
of discretion." Mitchell v. Barnes, 96 So.3d
771, 776 (¶14) (Miss. Ct. App. 2012) (citation omitted).
The Mississippi Supreme Court has said that the decision of
the trial judge will stand unless we conclude that the
discretion was arbitrary and clearly erroneous, amounting to
an abuse of discretion. Id. (citation and quotation
I.Whether the trial court erred in placing the burden