Martha Via v. Mississippi Farm Bureau Federation
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2008-CA-00782-COA
MARTHA VIA
APPELLANT
v.
MISSISSIPPI FARM BUREAU FEDERATION,
RANKIN COUNTY FARM BUREAU, RURAL
INSURANCE AGENCY, INC., SOUTHERN
FARM BUREAU LIFE INSURANCE COMPANY,
SOUTHERN FARM BUREAU CASUALTY
COMPANY, MISSISSIPPI FARM BUREAU
CASUALTY INSURANCE COMPANY A/K/A
FARM BUREAU CASUALTY INSURANCE
COMPANY, TOMMY ALLEN, MARCUS
MARTIN, AND DAN MARTIN
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEYS FOR APPELLANT:
ATTORNEYS FOR APPELLEES:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
APPELLEES
02/12/2008
HON. BOBBY BURT DELAUGHTER
HINDS COUNTY CIRCUIT COURT
MARK THOMAS MCLEOD
MITCHELL HARRY TYNER
DALE G. RUSSELL
KEN R. ADCOCK
SAM E. SCOTT
ELLEN PATTON ROBB
CIVIL - CONTRACT
MOTION TO DISMISS BASED UPON
STATUTE OF LIMITATIONS GRANTED
APPEAL DISMISSED: 11/10/2009
CONSOLIDATED WITH
NO. 2008-CA-00783-COA
MARTHA VIA
APPELLANT
v.
MISSISSIPPI FARM BUREAU FEDERATION,
RANKIN COUNTY FARM BUREAU, RURAL
INSURANCE AGENCY, INC., SOUTHERN
FARM BUREAU LIFE INSURANCE COMPANY,
SOUTHERN FARM BUREAU CASUALTY
INSURANCE COMPANY, MISSISSIPPI FARM
BUREAU CASUALTY INSURANCE COMPANY
A/K/A FARM BUREAU CASUALTY
INSURANCE COMPANY, TOMMY ALLEN,
MARCUS MARTIN, AND DAN MARTIN
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEYS FOR APPELLANT:
ATTORNEYS FOR APPELLEES:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
APPELLEES
02/12/2008
HON. BOBBY BURT DELAUGHTER
HINDS COUNTY CIRCUIT COURT
MITCHELL HARRY TYNER
MARK THOMAS MCLEOD
KEN R. ADCOCK
SAM E. SCOTT
DALE GIBSON RUSSELL
ELLEN PATTON ROBB
CIVIL - CONTRACT
MOTION TO DISMISS BASED UPON
STATUTE OF LIMITATIONS GRANTED
APPEAL DISMISSED: 11/10/2009
EN BANC.
KING, C.J., FOR THE COURT:
¶1.
Martha Via was one of five plaintiffs, including Barbara Rigdon, who filed a joint
action against Mississippi Farm Bureau Federation, Rankin County Farm Bureau, Rural
Insurance Agency, Inc., Southern Farm Bureau Life Insurance Company, Southern Farm
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Bureau Casualty Insurance Company, Mississippi Farm Bureau Casualty Insurance
Company, Tommy Allen, Marcus Martin, and Dan Martin (hereinafter collectively referred
to as “the Appellees”) in the Circuit Court of Claiborne County on August 30, 1999. The
claims alleged breach of contract, tortious breach of contract, fraud, conspiracy, intentional
misrepresentation, negligent misrepresentation, intentional infliction of emotional distress,
and negligent infliction of emotional distress.
¶2.
Our supreme court ordered a severance of the cases. Thereafter, Via re-filed her
claims in the Circuit Court of Hinds County, as did Rigdon, and the Appellees filed a motion
to dismiss the claims. The trial court found that Via was statutorily barred from bringing the
action and dismissed the case. Aggrieved, Via appeals the trial court’s dismissal of her
complaint.
¶3.
On November 3, 2009, this Court issued its opinion in Barbara Rigdon v. Mississippi
Farm Bureau Federation, 2008-CA-00777-COA, which dismissed that appeal for lack of
jurisdiction. The material facts and controlling law in Rigdon and Via’s case are the same.
Therefore, for the reasons set forth in Rigdon, this Court dismisses Via’s appeal for lack of
jurisdiction.
¶4.
THE APPEAL IS DISMISSED FOR LACK OF JURISDICTION. ALL COSTS
OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
LEE AND MYERS, P.JJ., IRVING, BARNES, ISHEE, ROBERTS AND
CARLTON, JJ., CONCUR.
GRIFFIS AND MAXW ELL, JJ., NOT
PARTICIPATING.
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