# Luckett v. Mississippi Wood Inc.

> Mississippi Supreme Court · November 27, 1985 · 481 So. 2d 288

URL: https://www.frixlaw.com/law-library/cases/9944875

## Case

- **Full name:** Robert Luckett v. Mississippi Wood Inc. and the Western Casualty and Surety Co.
- **Court:** Mississippi Supreme Court
- **Decided:** November 27, 1985
- **Citations:** 481 So. 2d 288
- **Precedential status:** Published
- **Opinion:** Concurrence by Hawkins
- **Judges:** Hawkins, Prather, Walker
- **Cited by:** 64 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9944875

## Opinion text

For the reasons stated in my dissenting opinion in Southern Farm Bureau Casualty Insurance Co. v. Holland, 469 So.2d 55 , 60 (Miss. 1984), and for that reason alone, in my view the circuit judge should have overruled the defendants' motion to dismiss.
It is only from the proof offered to support the plaintiff's claim that it can be determined whether his case is barred under our decision in Taylor v. United States Fidelity Guaranty Co., 420 So.2d 564 (Miss. 1982).
While the majority may have, in effect, overruled Taylor in the Holland decision, they have not actually confessed doing so. Yet.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9944875. Public record. Not legal advice.