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MEMBERS WALTER D. WILLSON, RANDY L. DEAN, AND KEVIN A. ROGERS OBTAIN UNANIMOUS OPINION FROM THE MISSISSIPPI SUPREME COURT

On March 29, 2018, Walter D. Willson, Randy L. Dean, and Kevin A. Rogers obtained a unanimous opinion from the Mississippi Supreme Court in Tommy Brooks Oil Co., v. Jerry Wilburn and Wilburn Oil Company, No. 2016-IA-01356-SCT, wherein the Mississippi Supreme Court reversed and remanded a summary judgment that had been erroneously entered by the circuit court.  In that case, the plaintiff, a fuel supply company, sued the defendant for a guaranty of certain payments owed for fuel purchased by the defendant’s company.  The state court found that there was a mutual mistake in preparing the guaranty agreements and granted summary judgment to the defendant, who argued that he did not agree to guarantee the payments at issue.  On appeal, Wells Marble represented the plaintiff, and the Mississippi Supreme Court unanimously held that summary judgment should not have been granted to the defendant and reversed the circuit court’s decision.  The Supreme Court found that the defendant had not shown that he was entitled to summary judgment on the basis of a mutual or unilateral mistake.

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