Luckett v. Mississippi Wood Inc. , 481 So. 2d 288 ( 1985 )

For the reasons stated in my dissenting opinion in SouthernFarm Bureau Casualty Insurance Co. v. Holland, 469 So.2d 55, 60 (Miss. 1984), and for that reason alone, in my view the circuit judge should have overruled the defendants' motion to dismiss.

It is only from the proof offered to support the plaintiff's claim that it can be determined whether his case is barred under our decision in Taylor v. United States Fidelity GuarantyCo., 420 So.2d 564 (Miss. 1982).

While the majority may have, in effect, overruled Taylor in the Holland decision, they have not actually confessed doing so. Yet.