Charles Bradley Carson v. Kimberly (Carson) Linley and Jay Howard Hurdle

Carson · Supreme Court of Mississippi · March 12, 2020 · No. No. 2019-IA-00170-SCT

Summary

The Supreme Court of Mississippi reviewed an interlocutory appeal concerning the transfer of venue in Charles Bradley Carson’s civil conspiracy action against his former spouse and her attorney. The Court held that service of writs of garnishment in Scott County constituted a substantial alleged act in furtherance of the alleged conspiracy, making Scott County a permissible venue under Mississippi Code Section 11-11-3(1)(a)(i). The Court reversed the venue-transfer order and remanded the case to the Scott County Circuit Court; Justice Griffis dissented.

Holdings

  1. Service of the writs of garnishment in Scott County was a substantial alleged act in furtherance of Carson's alleged conspiracy claim and therefore made Scott County a permissible venue under Mississippi Code Section 11-11-3(1)(a)(i).
  2. The Scott County Circuit Court abused its discretion by transferring the case to Oktibbeha County because Carson presented credible evidence supporting Scott County as a permissible venue.

Questions Presented

  1. Whether Scott County was a permissible venue under Mississippi Code Section 11-11-3(1)(a)(i) because service of the writs of garnishment there constituted a substantial alleged act in furtherance of the alleged conspiracy.
  2. Whether the Scott County Circuit Court abused its discretion by transferring the action to Oktibbeha County.

Disposition

reversed_and_remanded

Cases Cited (12)

  • Ramsey v. Auburn Univ., 191 So. 3d 102, 107 (¶ 17) (Miss. 2016)(followed)
  • Janssen Pharmaceutica, Inc. v. Armond, 866 So. 2d 1092, 1095 (¶ 9) (Miss. 2004)(followed)
  • Herman Grant Co., Inc. v. Washington, 214 So. 3d 266, 270-71 (¶¶ 12, 14) (Miss. 2017)(followed)
  • Park on Lakeland Drive, Inc. v. Spence, 941 So. 2d 203, 206 (¶ 6) (Miss. 2006)(followed)
  • Hedgepeth v. Johnson, 975 So. 2d 235, 238-39 (¶ 10) (Miss. 2008)(followed)
  • Flight Line, Inc. v. Tanksley, 608 So. 2d 1149, 1155-56 (Miss. 1992)(limited)
  • Purdue Pharma, L.P. v. Estate of Heffner, 904 So. 2d 100, 102 (¶ 5) (Miss. 2004)(followed)
  • Wilkerson v. Goss, 113 So. 3d 544, 547-48 (¶¶ 6-8) (Miss. 2013)(followed)
  • Med. Assurance Co. of Miss. v. Myers, 956 So. 2d 213, 217-20 (¶¶ 15, 21) (Miss. 2007)(followed)
  • Braddock Law Firm, PLLC v. Becnel, 139 So. 3d 722, 726 (¶ 18) (Miss. Ct. App. 2013)(followed)

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