IN THE SUPREME COURT OF MISSISSIPPI

No. 2013-IA-00181
VICKSBURG HEALTHCARE, LLC d/b/a
RIVER REGION HEALTH SYSTEM APPELLANT
VS.
CLARA DEES APPELLEE
MOTION TO HOLD APPELLEE IN CONTEMPT
COMES NOW, Vicksburg Healthcare, LLC, d/b/a River Region Health System
(VHC), Appellant, and moves the Court to hold Michael Winfield, and his client, Clara
Dees, in contempt of Court for failure to pay the attorneys fee installment ordered by
this Court on April 30, 2014 to be paid by May 15, 2014. VHC is not desirous of collecting
the money; it is much more important that the Court make a strong statement that it will
not countenance the flagrant and repeated disregard of its rules such as occurred here.
The strong statement which the Court should make is to strike Appellees Brief and to
reverse the trial court and render judgment for VHC. In addition, Mr. Winfield should be
ordered to pay the full amount of VHCs attorneys fees approved by the Court on April
30, 2014. The more specific grounds for this Motion are as follows:
1. At the show cause hearing held before this Court on April 30, 2014, the Court
heard chapter and verse about the on-going and flagrant delays and missed
deadlines by Mr. Winfield, starting when he failed to present an expert affidavit
to the trial court, was given an extra 60 days to do so, asked for another extension
on top of that, and still has failed to this day to produce the affidavit.
2. When the case moved to this Court, Mr. Winfield again repeatedly ignored
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deadlines set by the Court, ultimately resulting in the Courts summoning him for
a show cause hearing that he failed to show up for and had to be called by the
Clerk to make a thirty minutes late arrival.
3. At the April 30 hearing, the Court gave Mr. Winfield a huge break and accepted his
late-filed Appellees Brief, conditioned on, among other things, Mr. Winfields
payment to VHC of $1,500 in attorneys fees at $100 per month starting May 15,
2014. The Court reduced VHCs award by $1,000 and gave Mr. Winfield a generous
re-payment plan, out of sympathy for his alleged poor financial condition.
4. Consistent with his prior behavior in this case, Mr. Winfield did not make the first
$100 installment to VHC on May 15 and, seven days later, on May 22, 2014, he still
has not made the payment.
5. This is another of the on-going defaults by Mr. Winfield in his obligations to this
Court and the trial court, which have cost VHC considerable time and money,
including a long delay of over one-year in bringing an end to this litigation.
6. We respectfully submit that the time has come for the Court to lay down a strong
message that this unrepentant attitude by counsel cannot be tolerated.
Therefore, VHC asks the Court to hold Mr. Winfield in contempt of Court and, as
a penalty, to strike the Appellees Brief and to enter a judgment reversing the
trial court and entering summary judgment for VHC.
7. Mr. Winfields client will not be left in the cold, as she will have resort to a legal
malpractice claim against her attorney.
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WHEREFORE, PREMISES CONSIDERED, VHC prays that the Court hold Mr. Winfield
and Clara Dees in contempt of Court and, as a penalty, to strike Appellees Brief and to
enter a judgment reversing the trial court and entering summary judgment for VHC. In
addition, the Court should order Mr. Winfield to pay the entire $2,586.00 in attorneys
fees proved before this Court on April 30, 2014, within ten days.
Respectfully submitted,
VICKSBURG HEALTHCARE, LLC D/B/A
RIVER REGION HEALTH SYSTEM
BY: /s/ Clifford C. Whitney III
R. E. Parker, Jr., MSB # 4011
Clifford C. Whitney III, MSB #10273
OF COUNSEL:
VARNER, PARKER & SESSUMS, P.A.
1110 Jackson Street
Post Office Box 1237
Vicksburg, Mississippi 39181-1237
Telephone: 601-638-8741
Facsimile: 601-638-8666
Email: rep@vpslaw.com
ccw@vpslaw.com
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CERTIFICATE OF SERVICE
The undersigned counsel of record for Defendant Vicksburg Healthcare LLC does
hereby certify that I forwarded a copy of the above and foregoing document to the
following counsel of record, by first class mail, postage prepaid, fax, email and/or hand
delivery:
Michael E. Winfield, Esquire
Winfield & Moran
1129 Openwood Street
Post Office Box 1448
Vicksburg, Mississippi 39181-1448
Attorney for Plaintiff
The Hon. Isadore W. Patrick
P.O. Box 351
Vicksburg, MS 39181-0351
This the 22
nd
day of May, 2014.
/s/ Clifford C. Whitney III
Clifford C. Whitney III
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