In examining whether the County’s failure to file an Answer was a case of excusable neglect, the Court of Appeals said the conduct that will be examined is that of the County, not the insurance agent, therefore the failure of the insurance agent to deliver the Complaint to the carrier was not excusable neglect. In upholding the default judgment, the Court of Appeals ruled that it was the responsibility of the County to see that an Answer was filed. The Mississippi Supreme Court refused to hear an appeal from the judgment rendered by the Court of Appeals.

The lesson for all from this case is to follow up with your insurance provider continually until an Answer is filed, because if the insurance provider does not file an Answer you are on the hook.

While surfing the  web for the prospects that  Daniel Moore might capture Terrance Cody’s block of the University of Tennessee’s last second field goal attempt in the Crimson Tide’s October 24, 2009 defeat of the hated Volunteers, our attorney found this article about the University’s ongoing battle with Daniel Moore over his paintings. The University of Alabama believes Mr. Moore has violated the University’s copyrighted emblems or marks by simply painting the action on the field.  Mr. Moore has asserted that he is much like an Associated Press photographer who snaps the action with a camera and reproduces the images without securing permission from the University beforehand.  U.S. District Judge Robert Propst sided with Mr. Moore and disagreed with the University’s argument, asserting that the mere rendition of the University of Alabama football uniform and associated game imagery is not a violation of the University’s protected marks, even though the artist’s rendition is sold commercially and, often, for significant money.

It appears Mr. Moore may now proceed with his rendition of “Rocky Block. ”

When you get to Rocky Top, what do you see? The bottom of Mount Cody.