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City of Jackson v. Estate of Stewart

12/15/2005

neutrality" and legislating from the bench by issuing an opinion which is, inter alia, unscholarly, illogical, silly, and politically motivated, we will swiftly respond by taking appropriate action against the responsible party/lawyer(s). The statements contained in the motion for rehearing were premeditated and insulting to this Court, as an institution, and they cannot and will not go unnoticed by this Court. The lawyers in today's case are very capable and experienced lawyers, whose allegiance to their client is beyond question. On the other hand, in looking at their conduct exhibited in this case, they certainly knew better. Their conduct cannot be condoned or excused because of petulance or under the guise of zealous advocacy. Lawyers who might in the future be of the opinion that they can exhibit with impunity conduct similar to that exhibited by the lawyers in today's case, all under the guise of zealous advocacy, are woefully mistaken.


. For the reasons stated, the motion for rehearing shall be stricken from the files, pursuant to the provisions of M.R.A.P. 40(c).


. MOTION FOR REHEARING STRICKEN FROM THE FILES.


WALLER AND COBB, P.JJ., EASLEY AND RANDOLPH, JJ., CONCUR.


SMITH, C.J., DIAZ, GRAVES AND DICKINSON, JJ., NOT PARTICIPATING.






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