Mississippi Transportation Commission v. Swindle

Court of Appeals of Mississippi

Mississippi Transportation Commission v. Swindle

678 So. 2d 1016, 1996 Miss. App. LEXIS 103, 1996 WL 534110

Court of Appeals of Mississippi·Decided February 27, 1996·No. No. 93-CA-01301-COA·Published

Opinion

Appeal No. 4818 from Judgment dated October 6, 1993, Joseph H. Loper, Jr., Ruling Judge, Webster County Special Court of Eminent Domain.

Before FRAISER, C.J., and BARBER and McMILLIN, JJ.

Affirmed on condition that appellee enter a remittitur of $140,650, thereby reducing the judgment to $109,350, said remittitur to be filed with the clerk of the Webster County Court of Eminent Domain within fifteen days of February 27, 1996; however, upon the failure of the appellee to so enter a remitti-tur, then this cause is reversed and remanded for a new trial on the issue of just compensation.

BRIDGES and THOMAS, P.JJ., and COLEMAN, DIAZ, KING, PAYNE and SOUTHWICK, JJ., concur.

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Appeal No. 4818 from Judgment dated October 6, 1993, Joseph H. Loper, Jr., Ruling Judge, Webster County Special Court of Eminent Domain.

Before FRAISER, C.J., and BARBER and McMILLIN, JJ.

Affirmed on condition that appellee enter a remittitur of $140,650, thereby reducing the judgment to $109,350, said remittitur to be filed with the clerk of the Webster County Court of Eminent Domain within fifteen days of February 27, 1996; however, upon the failure of the appellee to so enter a remitti-tur, then this cause is reversed and remanded for a new trial on the issue of just compensation.

BRIDGES and THOMAS, P.JJ., and COLEMAN, DIAZ, KING, PAYNE and SOUTHWICK, JJ., concur.

Mississippi Transportation Commission v. Swindle, 678 So. 2d 1016, 1996 Miss. App. LEXIS 103, 1996 WL 534110 (Mich. Ct. App. 1996).

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