Thursday, April 26, 2012

Irby goes for the TKO

Karen Collins Irby filed an entry of default with the circuit clerk against Pinnacle Trust on April 23 in Hinds County Circuit Court. Ms. Irby also filed a notice stating she filed a complaint, interrogatories, requests for production of documents, and requests with admissions for Pinnacle Trust and served its lawyer, Cal Wells on March 21, 2012. The complaint was filed on February 24, 2012 in Hinds County Circuit Court. Ms. Irb's lawyer, Terris Harris, claimed the answer was due on April 20, 2012 and that Pinnacle Trust "failed to appear, plead, or defend within the time allowed. The clerk entered default in the case on April 23.*

Although the clerk has entered default against Pinnacle, the court still has to rule on whether Pinnacle is in default. Attorney John Corlew filed a motion to intervene on behalf of Pinnacle Trust on March 24, 2012. However, Mr. Corlew and Mr. Wells are not in the same law firm. The motion to intervene contained a proposed motion to dismiss or motion to stay if the court refused to dismiss the suit. One would expect Pinnacle Trust to file a response opposing a default judgment. Docket. Earlier post with motion to intervene






Note: Here is the rule on default (Rule 55) under the Mississippi Rules of Civil Procedure:

(a)Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default.

(b)Judgment. In all cases the party entitled to a judgment by default shall apply to the court therefor. If the party against whom judgment by default is sought has appeared in the action, he (or if appearing by representative, his representative) shall be served with written notice of the application for judgment at least three days prior to the hearing of such application; however, judgment by default may be entered by the court on the day the case is set for trial without such three days' notice. If in order to enable the court to enter judgment or to carry it into effect it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearing with or without a jury, in the court's discretion, or order such references as it deems necessary and proper.

c) Setting Aside Default. For good cause shown, the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 60(b).

14 comments:

Anonymous said...

uh--- a motion to stay is not an order to stay. unless it is set with an understanding everyone holds off until heard, pinnacle screwed up.

Anonymous said...

as this grinds through the process, the lawyers on both sides get rich, Karen Irby will get her due and the Irby clan will wring their collective hands in agony...

Anonymous said...

Pinnacle is not the A team. Never figured out what they did for their substantial fees. As for their lawyers, who knows? Seems wells has been in this train wreck forever. Also seems a conflict for him to "represent" Pinnacle under the circumstances.When the smoke clears, Karen will have Irby's and Pinnacle by the short hair. Default will probably not be granted, but hearing on the merits, if it ever happens, will be interesting.

Anonymous said...

Pinnacle filed its responsive pleading, a Rule 12 Motion to Dismiss, on Friday, April 20, three days before the plaintiff presented an affidavit to the clerk that no such pleading had been filed.

Kingfish said...

Did corlew file notice or entry of appearance?

Anonymous said...

I think Pinnacle got dragged into this mess by virtue of the fact that one of its officers, Jeff Rickles, had Power of Attorney over Stewart Irby's affairs while he was still living. It's been my observation that when a suit like this is filed, the plaintiff tries to drag everyone with any ability to pay into the fray.

Anonymous said...

nothing to see here, move along. if a 12b6 motion was filed by the 20th, there is no default. it will be set aside shortly. plus, paragraph 6 in his affidavit says Pinnacle "is not in default".

watch for more flubbery in this one, there should be a lot of it

Anonymous said...

I believe Pinnacle is involved by way of being the Executor of Stuart's estate. Further, if memory serves, Stuart was somehow involved in the ownership or development of the building now occupied by Pinnacle. How Pinnacle became involved in the Irby big leagues is a mystery. Birds of a feather?

Anonymous said...

No mystery. Jeff Rickles is with Pinnacle.

Anonymous said...

Keep digging, you're getting warm!

Anonymous said...

If the defendant filed a motion to dismiss in lieu of an answer, it is not in default. But the lawyer meant to say "is in default" not "is not in default" in his affidavit. Oops. What probably happened is that the motion was filed on Friday the 20th and dropped in the mail to Irby's lawyer. The eager lawyer applied for a default first thing Monday morning without checking the docket first. Then he got the motion in the mail that afternoon. Oops again. The requests for admission though are not due until 45 days after service, as reflected in the summons. This should all be resolved with a phone call.

Anonymous said...

I hope she gets everything she's trying for, I don't agree with the pardone, but what happened, . Happened, she's out, and we, and she, has to move on with this mater. this whole conspiracy attempt has backfired on thr Irbys. LOL

What a terrible event this has been on everybody involved.

We need some closure to this whole thing,. Quickly.

Anonymous said...

I think there should be a trust fund set up for the Irby child, but other than that I can't see that Karen Irby and her family deserve anything from the Irby estate. They sound like vultures. Stuart Irby is dead, after a horrible trauma when Karen killed two prominent doctors who would have contributed greatly to society and would have saved many lives.
Karen's marriage wasn't of long enough duration to justify a lawsuit to indulge Karen's apparent greed in this run for the Irby money.

The Irby's have been the victims of the aftermath of the death of two physicians, and in the death of Stuart Irby, and now they face this outrageous attempt to rob the Irby family members of their rightful inheritance. I am perplexed that anyone could support this travesty.

Anonymous said...

I cringe everytime I think about Charles' prayer request for Karen that he posted on Caring Bridge. They are always eager to fix someone else while the plank is their eye blinds them. I've been told karma is a bitch!



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