IN THE CIRCUIT COURT OF HARRISON COUNTY, MISSISSIPPI...

IN THE CIRCUIT COURT OF HARRISON COUNTY, MISSISSIPPIFIRST JUDICIAL DISTRICT

ROBERT JOELY WHITE PLAINTIFF

VS. CAUSE NO. A2401-17-9

COMMUNITY BANCSHARES OFMISSISSIPPI INC., DAVID M. HUGHESAND ALLAN PURVIS DEFENDANTS

______________________________________________________________________________

MOTION TO DISMISS, OR ALTERNATIVELY, MOTION TO COMPELARBITRATION BY DEFENDANTS, COMMUNITY BANK, COAST

AND DAVID M. HUGHES______________________________________________________________________________

COME NOW Community Bank, Coast and David M. Hughes (hereinafter collectively,

“Community”), by and through the undersigned counsel, and file their Motion to Dismiss, or

alternatively, Motion to Compel Arbitration and in support thereof would show unto the Court the

following, to wit:

1. Community would show that the lawsuit filed by the Plaintiff, Robert Joely White

(“White”), is time-barred and should be dismissed with prejudice. White’s entire cause of action

revolves around alleged misrepresentations made by Community over nine (9) years ago concerning

a loan transaction to purchase real estate. Throughout his 54-page, 216-paragraph Complaint, White

essentially claims that Community induced him to purchase the property through material

misrepresentations about the property’s ability to produce income which ultimately caused him

damages. White’s various causes of action consist of: (1) negligent misrepresentation; (2) fraudulent

misrepresentation; (3) breach of contract; (4) fraud; (5) breach of ordinary care, good faith, and fair

dealing; (6) promissory estoppel; (7) equitable estoppel; (8) undue influence; (9) unjust enrichment;

Case: 24CI1:17-cv-00009 Document #: 10 Filed: 02/06/2017 of 3

(10) conversion; and (11) wrongful interference.

2. The alleged misrepresentations made by Community, upon which White’s eleven

causes of action are based, are no longer actionable under Mississippi law. Each cause of action is

governed by Mississippi’s catchall limitations statute (Miss. Code Ann. § 15-1-49) which prescribes

a three-year period to seek the relief or forever be barred. The alleged misrepresentations occurred

in 2007 and White acknowledges in his Complaint that he knew about their alleged falsity shortly

after they were made. Pursuant to statute, White had until 2010 to bring his claims against

Community but failed to do so. Therefore, White can no longer maintain his various causes of action

in this Court and this lawsuit should be dismissed against Community with prejudice.

3. Alternatively, if the Court were to deny its request for dismissal, then Community

moves to compel arbitration. White and Community entered into valid and binding arbitration

agreements concerning the subject matter of this litigation and this Court should send this matter to

arbitration per the agreement of the parties.

4. In support of this Motion, Community attaches the following exhibits hereto which

are incorporated by reference herein and in the Memorandum Brief in Support of the Motion filed

contemporaneously herewith:

Exhibit “1": White v. Largo L.P. Complaint in the Chancery Court of Stone

County, MS, Cause No. 2008-0051-1;

Exhibit “2": Arbitration Agreements

WHEREFORE, PREMISES CONSIDERED, your Defendants, Community, respectfully

request that this Court grant their Motion to Dismiss and dismiss this cause of action against them

with prejudice. Alternatively, if the Court does not grant their Motion to Dismiss, then they request

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that this Court order arbitration and dismissal of this matter per the terms of the agreements entered

into by the parties. For this and such other and further relief as may be just and proper in the

premises does Community now and forever pray.

Respectfully submitted, this the 6 day of February, 2017.th

COMMUNITY BANK, COAST andDAVID M. HUGHES

BY: BYRD & WISER

BY: /s/Robert Alan Byrd ROBERT ALAN BYRD

CERTIFICATE OF SERVICE

I, Robert Alan Byrd, do hereby certify that I have on this date filed a true and correct copy

of the above and foregoing Motion with the Clerk of the Court using the Court’s MEC system and

mailed a copy of same via U.S. Mail, postage prepaid, to the Plaintiff, Robert J. White, at his address

of 19668 Eagle Cove, Gulfport, MS 39503.

So certified this the 6 day of February, 2017.th

/s/Robert Alan Byrd ROBERT ALAN BYRD

Robert Alan Byrd, MSB # 7651Byrd & Wiser145 Main Street (39530)Post Office Box 1939Biloxi, MS 39533Phone: (228) 432-8123Fax: (228) [email protected]

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mailto:[email protected]

mailto:[email protected]

Case: 24CI1:17-cv-00009 Document #: 10-1 Filed: 02/06/2017 Page 1 of 12

IN THE CIRCUIT COURT OF HARRISON COUNTY, MISSISSIPPI...

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