W. Edward Hatten, Jr.

Physical Offices: 2909 13th Street Sixth Floor Gulfport, Mississippi 39501 Mailing Address: Post Office Drawer W Gulfport, Mississippi 39502 Telephone:228-868-1111, ext. 260 Facsimile: 228-863-2886 Email: ed@ddkf.com View Attorney Profile

Two cases dismissed on defense motions due to Plaintiff’s failure to prosecute 

Within the past six (6) months, Ed Hatten has had two (2) separate cases dismissed pursuant to motions under Rule 41(b),  one in chancery court and one in circuit court.  In each case, the trial court granted a motion to dismiss filed on behalf of our clients due to the Plaintiff’s failure to timely prosecute their respective claims.  Relying on recent appellate court opinions with analogous facts and circumstances to support our position, we were able to obtain a dismissal of both of these lawsuits on behalf of our clients.

Unanimous defense verdict in jury trial 

Earlier this month, Ed Hatten won a jury trial in Harrison County, obtaining a unanimous defense verdict.  The lawsuit involved a claim of misrepresentation arising out of a real estate transaction.  Despite three (3) witnesses for the Plaintiff, Ed successfully challenged and defeated Plaintiff’s efforts to prove several of the requisite elements of his claim.  The allegations in this lawsuit were vehemently denied by our clients, who were quite pleased with the jury’s verdict in their favor. 

Dismissal upheld on appeal

On September 14, 2006, the Mississippi Supreme Court affirmed the trial court’s dismissal of a construction defect lawsuit in Harrison County.  The case was dismissed after Plaintiffs’ failure to comply with two (2) orders obtained by Ed Hatten of DDKF compelling Plaintiffs to fully and completely answer Defendant’s written discovery requests.  On behalf of the local contractor-Defendant, Ed vigorously pursued proper discovery responses from the Plaintiffs before the case was dismissed and appealed, prompting the following favorable comments by the Mississippi Supreme Court: “The present case provides an excellent example of the proper way to document the efforts made to obtain and provide adequate discovery responses.  The record establishes a pattern of consistent follow-up regarding pending requests and a clear paper trail upon which the trial court and the appellate court can rely....”