Thursday, January 19, 2017

Rematch!!!

The Mississippi Supreme Court on Thursday agreed to review the appeal of Watkins Development, LLC v. C. Delbert Hosemann, Jr. The order states:


Before the Court is the Petition for Writ of Certiorari filed by Watkins Development and David Watkins. Also before the Court is Delbert Hosemann's Response to Petition for Writ of Certiorari. After due consideration, the Court finds the petition should be granted.

IT IS THEREFORE ORDERED that the Petition for Writ of Certiorari filed by Watkins Development and David Watkins is hereby granted.

  The Mississippi Court of  Appeals dealt a blow last July to David Watkins' fight against Secretary of State Gibbert Hosemann yesterday.  The Secretary of State fined Mr. Watkins $587,084.34* in 2014 for spending bond proceeds for the Metrocenter renovation project on another project in Meridian and violating Mississippi securities laws.  Mr. Hosemann held a press conference announcing the decision.  Earlier post with on Court of Appeals decision.

19 comments:

Anonymous said...

Fake developer!

Anonymous said...

Watkins is a pretty smart guy, but he is out of his league against Delbert.

Anonymous said...

If you read the dissent in the Court of Appeals decision, written by Judge Wilson (the Harvard grad and maybe smartest member of the COA) and joined by Griffis and Irving, you understand why the Supreme Court wants it reheard. The COA missed it. Wilson, Griffis and Irving are right. The Supreme Court is going to fix it.


Anonymous said...

The court was unanimous in granting certiorari in this case. That's got to tell you something.

2:52 - you're probably right.

Anonymous said...

Is it too late of Obama to pardon David for crimes yet to named

Anonymous said...

Thank God there may actually be some justice in this World.

Just another damn lawyer said...

I never could figure out why Hosemann went after Watkins in the first place. I haven't reviewed the entire file, but I have read the opinions, and am particularly struck by Judge Wilson's dissent. It is pretty clear that this case is nothing more than a contract dispute between Watkins and his former business associates and not a securities matter. Hosemann took the extreme position that it was "irrelevant that Watkins was owed the money that he allegedly diverted." Uh, let me get this right. So, the man takes money he was owed and gets slammed for securities fraud?? That just doesn't pass the smell test.

Apparently Hosemann thinks anytime the word "bond" is mentioned in a deal it gives him authority to intervene, pick sides and use the resources of the state to go after the party of his choosing. That's not the law of securities that I learned in law school. If this case isn't reversed, it was cause a major sea change in the body of securities law, as I learned it, giving whoever happens to be the SOS the power to arbitrate contract disputes, notwithstanding the lack of any legitimate securities jurisdiction.

This is just bad law. I'm sure it is NOT what the legislature intended. With all of the Supremes agreeing to the cert petition, it's pretty clear they see this too. There are some pretty smart folks up there. I can't imagine they'll let the COA ruling stand.

Sorry Delbert. With all due respect, you got some very bad legal advice, or there's something else I'm missing.

Anonymous said...

Nice try 2:52. I will readily agree that Wilson is one of the most 'studied' and intellectual judges on the court. But as you note he was joined by Irvin, who on the other hand.......

But being pretty damn smart does not make him infallible. Carlton is one of the 'least reversed' judges on the COA - and it should be noted that Fair and Greenlee are also quite learned.

The question might be the COA reversing the chancellor's ruling on county 1, and whether the Court can bring it up when not cross appealed. That might make for an interesting question on behalf of the Supremes. But I wouldn't jump into the pot too deep yet on the COA's upholding of the Chancellor on the other issues.

My question is how does Watkins find the money for continued attorney fees. Thought he had bailed on all his creditors already and moved his assets to his son.

Anonymous said...

Stall by Mr. Cash Flow Problem.

Anonymous said...

Well I'll be damned. Maybe Davey was right. Maybe it is a witch hunt after all. This should be fun.

Anonymous said...

4:58. Where does he "find the money for continues attorney's fees"? Unlike you, he has friends and family that love him and see this debacle for what it is and are committed to the end. What does your closet look like?

Beenthere said...

He's put his money behind his nephew Randy and the large car lot on highway 80 - look at the property that was bought from the East estate. Took a lot of money!

Anonymous said...

4:58 Hey, Jones Walker boys, do you still get paid big bucks by public bodies when your blogging on Jambalaya?

Anonymous said...

Beenthere, do explain. What the hell are talking about?

Watkins Friend said...

In response to the Watkins hater that keeps blogging, the shameful and abusive actions of the JRA politicians and lawyers and the overreaching and grandstanding by the Secretary of State have destroyed Watkins' finances. That's no secret. It's also a horrible wrong.

For those of us who have known and respected Watkins for years, we know that he is a wonderful and caring person, who has devoted his life to helping others. He has done many great things and made many significant sacrifices for the good of this community, some quite public, and some very personal and private.

David, don't give up. There are a lot of us out here who care for you greatly, know that you are a good man, and pray that this latest Supreme Court action is the beginning of you getting the peace and justice you truly deserve.

Anonymous said...

Thank you 12:42. Right on.

Anonymous said...

Watkins was over-extended long before his problems with JRA and Hosemann.

Anonymous said...

4:02 - Jones Walker boys, just can't help yourselves, pitiful! You still charging JRA for blogging?

Anonymous said...

Amen, 12:42. David is a fine person.


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