Jason Purvis: Representative Works

Adverse Possession

Mr. Purvis defended a client who had been sued by a neighbor attempting a land-grab through a claim of adverse possession. The defense succeeded on a Motion for Summary Judgement, and the ruling stood on appeal.

Appeal

Mr. Purvis served as an attorney for the appellees in a case where the appellant was a landowner who lost his land at a tax sale. The landowner argued that he was not given adequate notice of the suit to quiet title in the purchaser before a default judgment was entered against him and that he was protected by bankruptcy laws. The chancellor found that a diligent search and inquiry had been conducted for the landowner before service by publication was made and that the bankruptcy laws were inapplicable. The appeals court found no error in this decision, and affirmed the chancery court's judgment.

Misappropriation of Funds

Mr. Purvis represented a client in the Chancery Court of Pearl River County, Mississippi, challenging the appointment of an executrix who had covered up misappropriation of funds by her daughter. The morning of the scheduled trial, a settlement was reached in which the executrix returned the funds. Additionally, the Court awarded attorneys fees for ferreting out the fraud.

Real Estate Dispute

Mr. Purvis won an appeal on a real estate matter before the Court of Appeals for the State of Mississippi. His client owned real property and leased the property to a modular home manufacturing company. When a couple contracted with that company to construct a modular home on their property in Pascagoula, Mississippi, and the modular home company did not perform, the couple filed suit against that company when the home was not completed. Rather than limiting their claims to breach of contract, the couple claimed an ownership interest in DK&S' clients' property and filed a lis pendens against this property, arguing that the money paid by them to the modular home company was ultimately converted into the client’s corporate assets when the modular home company made lease payments. When the plaintiffs filed the lis pendens they clouded title to the property and placed a substantial commercial transaction in jeopardy. The lis pendens was cancelled by the County Court of Jackson County because the plaintiffs could not show a vested interest in the real property. The plaintiffs appealed the County Court decision, and the Jackson County Chancery Court reinstated the lis pendens. The dispute was brought to the Court of Appeals of the State of Mississippi, where Mr. Purvis argued that the modular home company and his client are two distinct entities, and the action between the couple and the modular home company was not tied to his client or the property. The Court of Appeals agreed, reversing the reinstatement of the lis pendens, rendering judgment in favor of the firm's clients, and assessing all costs of the appeal to the appellees.

Commercial Dispute

Mr. Purvis and Mr. Quinlivan represented clients against a client's relative in a case based upon a constructive trust theory concerning an investment into a landfill in the mid 1980s. The start-up capital the defendant used to buy the landfill came directly from the client plaintiffs. Pursuant to the verbally agreed upon investment, the clients were to receive two-thirds of the landfill profits and proceeds. In 2009, seven years after the sale of the landfill, the plaintiffs made demand upon the brother to tender the profits and proceeds. Despite the agreement, the brother refused to tender any monies to the plaintiffs.

After the brother refused to tender the monies, the plaintiffs filed suit. Lack of documentation to prove the agreement existed, as well as proof that the initial investment was ever made, became issues throughout the pretrial process. After locating land records that evidenced significant amounts of unexplainable equity in the landfill, Mr. Purvis and Mr. Quinlivan convinced the Court to create a constructive trust. The judge ruled in favor of the firm's clients.

Additional Case-Specific Information Available Upon Request