Joe Clyde Tubwell v. FV-1, Inc., In Trust for Morgan Stanley Mortgage Capital Holdings, LLC, Morgan Stanley Mortgage…

Summary

The Mississippi Supreme Court held that the circuit court had jurisdiction to entertain Tubwell’s counterclaims in this ejectment action because the Mississippi Rules of Civil Procedure permit both compulsory and permissive counterclaims. The circuit court erred by dismissing the counterclaims solely for lack of jurisdiction and made no findings that the counterclaims would cause confusion, prejudice, delay, or increased costs. The court otherwise affirmed the judgments concerning possession and remanded for further proceedings limited to the counterclaims.