Paint Rock Turf, LLC v. First Jackson Bank; First Jackson Bank v. Paint Rock Turf, LLC

Summary

The court affirmed judgment as a matter of law against Paint Rock on its emblements claim because the bankruptcy automatic stay did not constitute First Jackson's permission for Paint Rock to remain in possession as a tenant at will. The court reversed the jury's conversion award for sod loaded on a tractor-trailer because First Jackson owned the sod after purchasing the property at foreclosure, and remanded for entry of judgment in First Jackson's favor. Justice Murdock, concurring specially, agreed with the result but questioned whether fault, rather than the tenancy-at-will or tenancy-at-sufferance label, should control the emblements analysis.