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[T] Illinois Central Railroad Co. v. Robinson6/9/1998
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
DATE OF JUDGMENT: 11/28/95
TRIAL JUDGE: HON. E. G. CORTRIGHT, JR.
COURT FROM WHICH APPEALED: HOLMES COUNTY CHANCERY COURT
NATURE OF THE CASE: CIVIL - WRONGFUL DEATH
TRIAL COURT DISPOSITION: MOTION TO DISQUALIFY COUNSEL AND MOTION FOR NEW TRIAL DENIED.
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
This case began with the appellees' petition to determine the heirs at law of Christopher Hawkins, who was killed while riding in an automobile which collided with a train at an Illinois Central Railroad (ICRR) crossing in Holmes County. Also killed in the collision were Lou Bertha Cox, mother of Christopher Hawkins and driver of the automobile, and a second passenger, Terry Hawkins, another son of Lou Bertha Cox and Christopher Hawkins's half-brother. Cox was survived by a third son, Demetrius Hawkins, who is one of the appellees in the case sub judice.
On its motion made ore tenus , the chancellor entered an order allowing ICRR, operator of the train, to intervene in this case. Counsel for Demetrius Hawkins, Lucious Robinson, and the remainder of Robinson's children, did not object to ICRR's intervention. Now, ICRR appeals from an order entered by the Chancery Court of Holmes County which denied its motions to disqualify counsel for appellees and for new trial. ICRR moved to disqualify counsel for appellees because of an alleged conflict of interest between Demetrius Hawkins and the remaining appellees, Lucious Robinson, whom the chancellor adJudged to be Hawkins's father, and the rest of Robinson's children. This Court finds that the presumption of correctness which attends any decision of a trial court and the degree of adjudicatory deference to which the chancellor is entitled require an affirmance of the chancellor's denial of ICRR's motions to disqualify counsel for appellees and for new trial.
I. FACTS
On September 14, 1994, the collision in the Mileston community between ICRR's train and the automobile driven by Lou Bertha Cox claimed the lives of the driver and her two sons, Christopher and Terry Hawkins. Relevant to our resolution of the issues in this case, however, are: (1) the consanguineous relationships involved in the issues in this case, (2) the course of litigation to establish those relationships, and (3) the manner in which the parties, whose familial relationships were at stake, were represented by their counsel. We begin with a delineation of the consanguinity of Ms. Cox's three sons.
DEMETRIUS HAWKINS
Ms. Cox's only immediate survivor, Demetrius Hawkins, was the oldest of her three sons. He testified that he was born in 1973 and that his father, who lived in Alabama, was David Lee Carter.
CHRISTOPHER HAWKINS
Christopher Hawkins was born on October 23, 1974, the son of Lucious Robinson and Lou Bertha Cox. Lucious Robinson was also the father of Shuntai Robinson, Sherita Robinson, Juanita Robinson, Kevin Mabry, and Tibithal O. Selders. Although the rest of Robinson's children were related by half-blood to Christopher Hawkins, they would become his wrongful death beneficiaries, or heirs, pursuant to Section 11-7-13 of the Mississippi Code of 1972, if Lucious Robinson were adjudicated Christopher's father.
TERRY HAWKINS
Although the identity of Terry Hawkins's heirs are not relevant to our resolution of the issues in this case, a full understanding of the course of litigation in the case sub judice requires that the proposed heirs-at-law of
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