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Note: Johnny Valentine (Victim) sued Jerry Fitch, Sr. (Tortfeasor) for tortious alienation of affection. Following a jury trial, judgment was entered for Plaintiff for US$756,500 and pursuant to local statute, a lien was placed on Tortfeasor's assets within Marshall County. With the approval of the court and without objection by Victim, Tortfeasor applied for a standby LC to be issued by the Bank of Holly Springs for an amount not to exceed US$943,000 in lieu of a supersedeas bond in order to appeal the judgment. Victim then moved for the lien against his property to be lifted.

The Marshall County Circuit Court, Lackey, J., denied Defendant's motion to release the lien on the basis that the court lacked jurisdiction since the matter had been appealed. On appeal, the Supreme Court of Mississippi, Randolph, J., affirmed the denial of the motion to release the lien. The court ruled under Miss. Code Ann. Section 11-7-189(2), only Plaintiff had the authority to formally remove the judgment lien and that the circuit court did not have jurisdiction to order its removal.

[JEB/zrb]

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