Ratliff v. Ratliff
Cases that cite this one
51 later published cases cite this decision. The 25 that cite it most often are listed here.
- McFarland v. Mississippi Department of Transportation (Miss. Ct. App. 2012)
- Minor Child ex rel. Doe v. Mississippi State Federation of Colored Women's Club Housing for Elderly in Clinton, Inc. (Miss. Ct. App. 2006)
- City of Tupelo, Mississippi v. John Patterson (Pat) O'Callaghan (Miss. 2017)
- Pratt v. Gulfport-Biloxi Regional Airport Authority (Miss. Ct. App. 2011)
- Moore v. Bailey (Miss. Ct. App. 2010)
- Pettis v. Mississippi Transportation Commission (Miss. Ct. App. 2010)
- Sutherland v. Estate of Ritter (Miss. 2007)
- Pollard v. Sherwin-Williams Co. (Miss. 2007)
- Magnusen v. Pine Belt Inv. Corp. (Miss. Ct. App. 2007)
- Magnolia Const. Co. v. MISS. GULF S. ENG. (Miss. 1988)
- Chaffee ex rel. Latham v. Jackson Pub. Sch. Dist. (Miss. 2019)
- Chaffee ex rel. Latham v. Jackson Pub. Sch. Dist. (Miss. 2019)
- Bradley v. Kelley Bros. Contractors, Inc. (Miss. Ct. App. 2013)
- Tucker v. REES-MEMPHIS, INC. (Miss. Ct. App. 2009)
- Estate of Fedrick Ex Rel. Sykes v. Quorum Health Resources, Inc. (Miss. Ct. App. 2009)
- Albert v. Scott's Truck Plaza, Inc. (Miss. 2008)
- Young v. Meacham (Miss. 2008)
- Aikens v. Whites (Miss. 2008)
- Neely v. North Mississippi Medical Center, Inc. (Miss. 2008)
- Thomas v. Bradley (Miss. Ct. App. 2008)
- Bobbi J. Young v. Robert R. Meacham (Miss. 2007)
- James A. Neely v. North Mississippi Medical Center, Inc. (Miss. 2007)
- Kimberly Todd v. First Baptist Church of West Point (Miss. 2007)
- Gregory v. Audubon Indemnity Co. (Miss. Ct. App. 2007)
- Mark Albert v. Ronny Huddnal (Miss. 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Frederick W. RATLIFF, Jr.
v.
Martha Chadwick RATLIFF.
Supreme Court of Mississippi.
John Robbins, II, Brandon, for appellant.
Lester F. Smith, Robert L. McArty, Perry, Morrison & Smith, Jackson, for appellee.
Before WALKER, C.J., and DAN M. LEE and SULLIVAN, JJ.
SULLIVAN, Justice, for the Court:
Mr. Ratliff sought to modify a prior decree of the Chancery Court of the First Judicial District of Hinds County, Mississippi. Mrs. Ratliff filed a motion for summary judgment which she did not support by affidavit or discovery material.
The chancellor improvidently granted the motion for summary judgment. A motion for summary judgment unsupported by affidavit or other sworn statements should not be sustained. Miss.R.Civ.P., 56(e) and Brown v. Credit Center, Inc., 444 So.2d 358 (Miss. 1983).
All motions for summary judgment should be viewed with great skepticism and if the trial court is to err, it is better to err on the side denying the motion. "When doubt exists whether there is a fact issue, the non-moving party gets its benefit. Indeed, the party against whom the summary judgment has been sought should be given the benefit of every reasonable doubt." Brown, 444 So.2d at 362. This skepticism on the offer of summary judgment certainly applies in domestic matters, and chancellors should not attempt to use the new practices provided by the Mississippi Rules of Civil Procedure as a shortcut to the determination in open court of issues that are very frequently factual.
REVERSED AND REMANDED.
WALKER, C.J., ROY NOBLE LEE and HAWKINS, P.JJ., and DAN M. LEE, PRATHER, ROBERTSON, ANDERSON and GRIFFIN, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.