Court of Appeals Opinion Stands in Baptist Hospital v. Kelly

In December I wrote here and here about Baptist Hospital v. Kelly. This was the case where the Mississippi Court of Appeals affirmed a $4.6 million jury verdict in a Hinds County medical malpractice case a few weeks after the parties agreed to settle. Based on a few things I’ve heard, I believe that the settlement had not been finalized yet when Court issued its opinion.

My second post on the case noted that the docket reflected a motion to vacate the Court’s opinion. Although my earlier post is a bit unclear on this point, the motion to vacate was not a joint motion. On January 10, 2012 the Court issued this order granting Baptist’s counsel’s motion to withdraw and taking no action on the motion to vacate opinion.

Best I can tell, this means that the Court’s opinion remains on the books and is good law. That is good news for lawyers who want to cite the case in the future.

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