A Most Aptly-Named Case

March 10, 2015 § 6 Comments

Be sure to file this away to include in your next appellate brief. It’s a quote from the recent COA case, Bell v. Stevenson, at ¶ 10, decided February 17, 2015:

The Supreme Court of Mississippi has previously stated that the appellate court “is not required to address any issue that is not supported by reasons and authority.” In re B.S., 105 So. 3d 1120, 1122 (¶9) (Miss. 2013).

 

§ 6 Responses to A Most Aptly-Named Case

  • Ronald Doleac says:

    I remember that Circuit Judge Swan Yerger would ask one simple question of you at argument where you cited no authority in your pleading but argued the law at hearing: “Counsel, do you have a case on that point?”

    Ron Doleac

    • Larry says:

      A lawyer argued vehemently that I should grant his grandparent-clients custody even though he knew where the father was and had not gotten process on him. I asked him to cite a case that supported his argument, and his response was that the cases were so numerous that he could not begin to cite them all. I asked him to cite just one, any one. He said he had not brought any case law with him. I said I would reset it to allow him time to get a R81 summons served. We retired to chambers to look at the calendar, and he said he knew I would deny the motion, but he wanted his clients to see him put up a fight. Sheesh.

  • davepumford@gmail.com says:

    Judge Dale was once amused but not persuaded by my citation to the “applicable law”. That was in pre-B.S. days.

    • Larry says:

      I had an attorney argue vociferously that his client’s position was supported by court decisions “too numerous to count.” I asked him to name a single one; he couldn’t. He did not prevail.

  • thusbloggedanderson says:

    Because if you don’t have reasons or authority, all you have is B.S..

  • carter bise says:

    hahahahahaha

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