In re Thomson

666 So. 2d 464, 1995 Miss. LEXIS 652, 1995 WL 702779
CourtMississippi Supreme Court
DecidedNovember 30, 1995
DocketNo. 93-M-00230-SCT
StatusPublished
Cited by2 cases

This text of 666 So. 2d 464 (In re Thomson) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Thomson, 666 So. 2d 464, 1995 Miss. LEXIS 652, 1995 WL 702779 (Mich. 1995).

Opinions

DAN M. LEE, Presiding Justice,

Opinion on Motions:

The motions before this Court for consideration this day symbolize continuing matters which are of great concern to this Court. The motion(s), entitled “MOTION TO CORRECT FACTS CONTAINED IN THOMSON’S SWORN PETITION FOR EXTRAORDINARY WRIT, AND FOR STAY OF DEPOSITION AND ALL OTHER PROCEEDINGS AND RESPONDENT’S MOTION FOR SANCTIONS AND OTHER RELIEF” (“Motion for Sanctions”), repre-sentes) the response to an emergency petition filed with this Court, and arises out of the legal representation of John Christian Thomson by Carlton W. Reeves, an attorney with the Jackson, Mississippi, office of the law firm of Phelps Dunbar.

Upon due consideration, three of the six justices participating in the case would impose sanctions against some of Thomson’s attorneys and three of the six justices participating in the case would not impose sanctions against any of Thomson’s attorneys for filing a petition with this Court which contained erroneous facts about events alleged to have occurred at a hearing conducted before the Marion County Chancery Court. Therefore, this Court will impose no sanctions on Thomson’s attorneys’ actions before this Court. However, I write to express my discontent with discovery and motion practices which impede the fair and efficient administration of justice in this Court and in the trial courts of Mississippi.

I.

At the time the underlying action commenced in the lower court, John Christian Thomson (“Thomson”) was facing twelve criminal indictments and was the defendant in twenty civil cases, having been accused of invading the privacy of the plaintiffs in the various cases by secretly videotaping them in a dressing room of a photography studio. Seventeen of those civil eases were pending in the Circuit Court of Forrest County, Mississippi, one civil case had been filed in the United States District Court, Southern District of Mississippi, and the remaining two civil cases were pending in the Forrest County Chancery Court, before the Honorable Sebe Dale, Jr., Chancellor. The two chancery court cases are the cases underlying the matter sub judice, and were styled as follows: (1) F. Marvin Morris, Guardian Ad Litem And Next Friend of A.J., A Minor; Mother of A.J., Individually, and Father of A.J., Individually v. John C. Thomson d/b/a Visual Arts Studio and Hattiesburg Coca-Cola Bottling Company, A Mississippi Corporation; and (2) Marvin Morris, Guardian Ad Litem of A.G., A Minor; Mrs. A.G., Mother of the Minor, Individually; and A.G.’s Grandmother, Individually v. Hattiesburg Coca-Cola Bottling Company, a Mississippi Corporation, John C. Thomson d/b/a Visual Arts Studio and John Doe. The Plaintiffs in the two chancery court cases had sought discovery, noticing the deposition of Thomson’s wife for March 5,1993. Thomson’s lawyers resisted that discovery.

A.

Three motions were noticed to be heard on the morning of March 5, 1993, at the Marion County Chancery Court Annex Building, Columbia, Mississippi, before the Honorable Sebe Dale, Jr., Chancellor, by Laura Limerick Gibbes (“Gibbes”), Thomson’s counsel: 1) a motion to certify an appeal from an order denying a stay of the trial proceedings pending resolution of criminal proceedings; and 2) a motion for a protective order which would relieve Thomson’s wife from the obligation to give deposition testimony at the deposition that was scheduled for that morning, and which would prevent discovery from being further sought from her. Erik M. Lowrey (“Lowrey”) was the attorney representing the Plaintiffs. Tom Royals (“Royals”), independent counsel representing Mary Beth Coker Thomson (“Mary Beth”), Thomson’s wife, was also present.

The chancellor refused to grant Thomson’s motion for an order granting an interlocutory appeal to this Court, and he ordered the prevailing party to prepare an appropriate [466]*466order reflecting his ruling for presentation to the court. Gibbes also presented Thomson’s motion for a protective order. In essence, Thomson’s position, in that motion, was that he did not consent to Mary Beth giving testimony via the proposed deposition; therefore, pursuant to M.R.E. 601, since Thomson was a party to the litigation, Mary Beth was not competent to testify as a witness in the proceedings and discovery could not otherwise be sought from her. After argument from counsel for both sides, that motion was also denied by the chancellor, whereupon Gibbes presented the chancellor a previously prepared order which reflected the chancellor’s denial of Thomson’s motion for a protective order, and Gibbes requested that the chancellor sign it. However, the chancellor refused, stating that he would follow his usual procedure of allowing counsel on the prevailing side to prepare the order, and he would enter the order at that time.1

Immediately after the chancellor denied Thomson’s motion for a protective order, Gibbes made an ore tenus motion for the chancellor to stay his immediately preceding ruling which denied Thomson’s motion for a protective order until such time as she could “take an emergency appeal to the Supreme Court” on the issue of spousal competency. Although previously prepared, the motion had not been filed with the court; however, upon her oral motion, Gibbes presented a written copy of the motion to the chancellor.

Lowrey, representing the Plaintiffs, argued that Thomson’s motion to stay the chancellor’s ruling was simply another tactic by Thomson’s counsel to stall the taking of Mary Beth’s deposition, and that the trial itself was scheduled to begin on April 14, one and one-half months away. After argument by Gibbes and comments by independent counsel representing Mary Beth, the chancellor denied Thomson’s motion to stay his ruling.

At that point, Lowrey expressed concern that, although the chancellor had denied Thomson’s motions which sought to prevent the scheduled deposition of Mary Beth, Thomson’s lawyers would, nonetheless, seek to delay the proceedings. That concern is revealed by the following colloquy:

MR. LOWREY: Before we go further, the last time we did this before we got to lunch [sic] further in this hearing, this Court was hit with a writ of prohibition. Do we have lawyers up in Jackson again standing by to rush over to the Supreme Court here in about the next 30 minutes while we take lunch and we get another writ Ms. Gibbes. [sic]
MS. GIBBES: I’m. simply asking the Court about a specific—
MR. LOWREY: I understand what you are asking. I’m asking a question of you as an attorney. Do we have another block of lawyers in Jackson waiting to run across the street to the Supreme Court and get a Supreme Court Judge to enjoin this chancellor from this deposition at 1:00 this afternoon or any other time of day. [sic]
MS. GIBBES: We are prepared to protect the rights of my client.
MR. LOWREY: So the answer I can assume is correct, yes.

Immediately following that exchange between Gibbes and Lowrey, Tom Royals, counsel for Mary Beth, revealed to the chancellor that he anticipated that no substantive deposition testimony would be forthcoming from Mary Beth. He stated that, “I don’t mind being candid with the Court. I have all along contemplated taking the 5th Amendment [sic] in this case.”

The motion hearings before the chancellor concluded that morning, March 5, 1993, shortly before 12:00, noon.

B.

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Related

Humphrey v. Martin
755 So. 2d 551 (Court of Appeals of Mississippi, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
666 So. 2d 464, 1995 Miss. LEXIS 652, 1995 WL 702779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-thomson-miss-1995.