87 So. 3d 1055
Miss.2012Background
- Two appeals arise from consolidated Hancock County chancery-court cases involving BJP and Diamondhead regarding The Diamondhead News contract.
- Diamondhead sued BJP for breach of contract; injunctions barred BJP from publishing, advertising, or handling revenue related to The Diamondhead News.
- Arbitration clause dispute: BJP sought to compel arbitration; chancery court denied arbitration, later actions questioned waiver and timeliness.
- In the separate suit, BJP and Gulf Publishing (The Sun Herald) allegedly interfered with BJP’s contract; Gulf Publishing moved for summary judgment.
- Gulf Publishing argued Diamondhead terminated BJP’s contract before negotiations; Diamondhead argued termination required 60 days’ notice and cure, keeping contract in force until then.
- The chancery court granted Gulf Publishing summary judgment; BJP appealed; the court later reversed on appeal and remanded for trial on interference claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Arbitration waiver and finality | BJP argues denial should be reviewable; waiver insufficient. | Court properly denied arbitration; earlier ruling extinguished right and no timely appeal. | Affirmed denial of arbitration; issue previously decided and not timely appealed. |
| Interference with contract proximate cause | June 6, 1997 Gulf letter and June 5 termination created genuine issues of material fact about proximate cause. | No genuine issue; injunction terminated contract, preventing interference. | Genuine issues of material fact remain on proximate cause; summary judgment reversed and remanded. |
Key Cases Cited
- MS Credit Center, Inc. v. Horton, 926 So.2d 167 (Miss. 2006) (waiver analysis on arbitration)
- Tupelo Auto Sales, Ltd. v. Scott, 844 So.2d 1167 (Miss. 2003) (direct appeal from order denying arbitration)
- Scruggs, Millette, Bozeman & Dent, P.A. v. Merkl & Cocke, P.A., 910 So.2d 1093 (Miss. 2005) (intentional interference standard; implied malice and proximate cause)
- Par Industries, Inc. v. Target Container Co., 708 So.2d 44 (Miss. 1998) (contract interference elements and necessity of wrongdoing)
- Whiting v. Univ. of S. Miss., 62 So.3d 907 (Miss. 2011) (de novo standard for summary judgment review)