Attorney James Ray Mozingo's Legal Cases

Limited liability company (LLC)

In Kinwood Capital Group, L.L.C. v. BankPlus (In re Northlake Dev. L.L.C.), 643 F.3d 448 (5th Cir. Miss. 2011)

Jun 14, 2011

OUTCOME: LLC (Kinwood) recovered real estate improperly transferred to minority member’s LLC (Northlake) and voided over $450,000.00 in real estate mortgages placed on property by Northlake because of the absence of title in Northlake.

In bankruptcy proceeding, majority member of LLC (Kinwood)(represented by Mozingo) attacked secret conveyance of LLC's property to minority member's LLC (Northlake) for no consideration and attacked th ... e mortgages subsequent LLC had placed upon the property. The 5th Circuit Court of Appeals, based on the Mississippi Supreme Court’s answer to a certified question, decided an “important and determinative question of Mississippi limited liability company and property law for which there was no previously controlling Mississippi Supreme Court precedent.”

State, local, and municipal law

City of Belmont v. Miss. State Tax Comm'n, 860 So. 2d 289 (Miss. 2003)

Mar 27, 2003

OUTCOME: The Supreme Court held that under these circumstances it would effectuate legislation passed after the filing of a suit abating or dismissing that suit, though two justices dissented and one more voted to grant rehearing.

Municipalities (represented by Mozingo) sought from the State Tax Commission certain sales taxes to which they were entitled by statute. During the pendency of the suit, the Legislature passed legisla ... tion to abate the lawsuit and effectively dismiss the case. After dismissal by the circuit court based on the legislation, the Municipalities appealed to the Supreme Court to declare the legislation ineffective and unconstitutional.

Chapter 11 bankruptcy

National General Insurance Co. vs. E.L. Garner, Inc. (In re E. L. Garner, Inc.), 276 B.R. 483 (Bkrcy. ND Miss. 2000)

Dec 14, 2000

OUTCOME: Trustee (represented by Mozingo) held not negligent in failing to see that post-petition petroleum taxes collected by secured creditor were paid to the Tax Commission. Trustee precluded from meaningful authority over operations by secured creditor.

Surety filed complaint against former trustee of Chapter 11 debtor, whose case was later converted to Chapter 7, relating to payments made by surety to Mississippi State Tax Commission (MSTC), represen ... ting unpaid taxes, interest, and insufficient funds check penalty that accrued during trustee's tenure as trustee.

Contracts and agreements

Knight v. Sharif, 875 F.2d 516 (5th Cir. 1989)

Aug 01, 1989

OUTCOME: Court held that letters of intent did not constitute an enforceable contract for the sale of stock. Court entered summary judgment for the shareholders (represented by Mozingo), and the 5th Circuit Court of Appeals affirmed.

Prospective purchaser sued shareholders for $35,000,000+ for breach of contract in refusing to sell chicken company, alleging that letters of intent negotiated with shareholders constituted valid and e ... nforceable contract for sale of stock.

Chapter 11 bankruptcy

National Bank of Commerce vs. Barrier, 776 F.2d 1298 (5th Cir. 1985)

Nov 22, 1985

OUTCOME: Creditor bank obtained the extraordinary relief of a mandamus requiring the district court to stay the Chapter 11 plan pending the bank's appeal.

Creditor bank (represented by Mozingo) appealed order confirming Chapter 11 plan and sought stay pending appeal, which both the bankruptcy court and the district court denied.

James Ray Mozingo's Legal Cases (5)

In Kinwood Capital Group, L.L.C. v. BankPlus (In re Northlake Dev. L.L.C.), 643 F.3d 448 (5th Cir. Miss. 2011)

City of Belmont v. Miss. State Tax Comm'n, 860 So. 2d 289 (Miss. 2003)

National General Insurance Co. vs. E.L. Garner, Inc. (In re E. L. Garner, Inc.), 276 B.R. 483 (Bkrcy. ND Miss. 2000)

Knight v. Sharif, 875 F.2d 516 (5th Cir. 1989)

National Bank of Commerce vs. Barrier, 776 F.2d 1298 (5th Cir. 1985)