Bounds v. Benson, 269 So. 3d 482 (2018)

Dec. 11, 2018 · Court of Appeals of Mississippi · NO. 2017-CA-00460-COA

269 So. 3d 482

Michael J. BOUNDS, Appellant
v.
Suzanne Marie BENSON, Individually, and Suzanne Marie Benson, as Trustee of the Suzanne Marie Benson Revocable Trust, Appellee

NO. 2017-CA-00460-COA

Court of Appeals of Mississippi.

December 11, 2018
Rehearing Denied January 31, 2019

ATTORNEYS FOR APPELLANT: THOMAS J. SUSZEK, GEOFFREY F. CALDERARO

ATTORNEYS FOR APPELLEE: J. CAL MAYO, JR., KATE M. EMBRY

BEFORE GRIFFIS, P.J., WILSON, WESTBROOKS AND TINDELL, JJ., ROBERTS AND GOWAN, S.JJ.¹

1 Six judges of this Court recused themselves from participation in this case. Because a quorum of six judges is required to reach a decision, this Court asked the Chief Justice of the Mississippi Supreme Court to appoint two special judges to participate in the decision of this appeal pursuant to Mississippi Code Annotated section 9-1-105(1) (Rev. 2014). By order entered on July 27, 2018, the Chief Justice appointed Senior Status Judge Larry E. Roberts and Senior Status Judge William E. Gowan to serve as special judges for this case, including any motion for rehearing.

PER CURIAM:

¶ 1. The judgment of the Lafayette County Chancery Court is affirmed by an evenly divided Court. See Wise v. Valley Bank , 861 So.2d 1029, 1033 (¶ 10) (Miss. 2003) ("We hold that when this Court is evenly divided, the order or judgment of the court from which the appeal is taken must be affirmed.").

¶ 2. AFFIRMED.

GRIFFIS, P.J., WILSON, WESTBROOKS AND TINDELL, JJ., ROBERTS AND GOWAN, S.JJ., CONCUR. LEE, C.J., IRVING, P.J., BARNES, CARLTON, FAIR AND GREENLEE, JJ., NOT PARTICIPATING.