Holcomb Dunbar - North Mississippi Attorneys

Holcomb Dunbar Attorney Brad Golmon Appeal Win

Brad Golmon

Brad Golmon

Holcomb Dunbar Appeal Win

Holcomb Dunbar Attorney Bradley Golmon successfully navigates appeal to Mississippi Court of Appeals for his client.

The case arose after a pharmacy’s failure to pay its supplier for inventory. After not receiving payment, the inventory supplier filed a replevin action  to recover the inventory.  A replevin action is a possessory action meaning that typically the only available damages are the specifically described property itself. However, a rarely invoked clause in Mississippi replevin law allows for money damages when the items to be repossed are not found.

Because the pharmacy in the replevin trial was unable to produce the inventory and it was no longer at the pharmacy’s place of business, the trial court awarded damages equal to the value of the amount owed on the inventory.

Money Damages in a Replevin Action

On appeal, the Pharmacy argued that it did not have any notice of the assertion of the damages claimed and that no damages may be had in a replevin. The Court of Appeals disagreed, finding in favor of Holcomb Dunbar’s client and affirmed the damages award in favor of the inventory supplier. Read the full opinion from the Court here.