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Gasparrini v. Bredemeier

12/18/2001

d 1324, 1325-26 (Miss.1982); Ratcliff v. State, 752 So.2d 435( 7) (Miss. Ct. App.1999).


. Gasparrini also argues that the trial judge should not have granted summary judgment on the claim of contempt of court. Specifically, Gasparrini requests this Court to find that a private cause of action for constructive contempt of court exists where a court appointed expert is caused harm for conclusions he rendered while acting as an official of the court. However, Gasparrini again fails to cite any authority for this proposition; therefore, we also find the issue procedurally barred.


CONCLUSION


. Gasparrini was ignorant of the Bredemeiers involvement in the underlying action and his diligent compliance with the procedures set out in the Mississippi Rules of Civil Procedure 9(h) and 15(c)(2) enabled him to substitute the Bredemeiers for the designated fictitious parties. Therefore, we reverse and remand on the issues of defamation, false light, invasion of privacy, and civil conspiracy for further proceedings. Likewise, we find it necessary to reverse and remand on the issue of tortious interference with business relations as there is a material issue of fact as to each of the elements comprising the claim. Finally, we affirm the trial courts dismissal of Gasparrini's malicious prosecution, abuse of process, and contempt of court claims, finding that Gasparrini failed to cite any authority in support of his arguments.


. THE JUDGMENT OF THE HARRISON COUNTY CIRCUIT COURT GRANTING SUMMARY JUDGMENT ON THE CLAIMS OF DEFAMATION, FALSE LIGHT, INVASION OF PRIVACY, CIVIL CONSPIRACY AND TORTIOUS INTERFERENCE WITH BUSINESS RELATIONS IS REVERSED AND REMANDED AND IS AFFIRMED ON ALL OTHER ISSUES. COSTS OF THIS APPEAL ARE EQUALLY ASSESSED TO THE APPELLANTS AND THE APPELLEES.


McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, LEE, IRVING, MYERS AND BRANTLEY, JJ., CONCUR. THOMAS, J., NOT PARTICIPATING.




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