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Scruggs12/13/2001
587 So.2d at 912; Tricon Metals, 537 So.2d at 1336.
. We have determined the Coahoma County Chancery Court erred in not dismissing Merkel and Cocke's interpleader action under the doctrine of priority of jurisdiction. Merkel and Cocke's interpleader should have been brought as a compulsory counterclaim in the pending Jackson County litigation. Since, SMBD presented a viable legal argument, Rule 11(b) sanctions were improper.
CONCLUSION
. For all the foregoing reasons, the Coahoma County Chancery Court erred as to all issues raised by SMBD. Therefore, the judgment of the Coahoma County Chancery Court is reversed and rendered. Merkel & Cocke can seek interpleader relief by filing an interpleader action as a compulsory counterclaim in the prior pending Jackson County Chancery Court litigation.
. REVERSED AND RENDERED.
PITTMAN, C.J., SMITH, P.J., WALLER, COBB, DIAZ AND GRAVES, JJ., CONCUR. McRAE, P.J., AND CARLSON, J., NOT PARTICIPATING.
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