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Jason Herring of Tupelo, Franks’ lawyer, filed the Circuit Court motion, which says Scott’s claims aren’t covered by the legal rules he cites.
The document claims Scott hasn’t been specific enough in his accusations against Franks.
“It is convincingly clear and undisputed” that Scott “cannot prove the element of damages” required by state law, it adds.
The Daily Journal also learned that the case may lose its second specially appointed judge, Billy Bridges of Rankin County. He was appointed after its first special judge, Woodrow W. Brand Jr., of Houston took himself off the case Aug. 19.
The Mississippi Supreme Court appoints special judges when the case lacks someone to preside. The need arose July 27 when all four judges in Circuit District 1 withdrew from presiding over the civil lawsuit.
Beverly Kraft, a spokeswoman for state Supreme Court, said the court hasn’t received any notice from Bridges, a senior judge.
Scott filed his lawsuit July 23 against Franks and Eric Hampton, a Tupelo businessman, whom Scott claims conspired to defame, embarrass him and interfere with his employment.
In addition to being a Tupelo attorney, Franks is chairman of the Mississippi Democratic Party. Hampton is his Lee County counterpart.
Scott won his countywide office in 2007 as a Democrat.
During a July 12 meeting of the Lee County Democratic Executive Committee, Hampton reportedly led a discussion about censuring Scott for an extramarital affair with school district employee Lisa Franks, who divorced Jamie Franks in June.
The next evening, Hampton addressed the Lee County School Board about Scott’s behavior, and he also suggested more details would be coming about Scott if he did not resign from office.
Earlier in the month, Jamie Franks threatened Scott and the school board with an alienation of affection lawsuit seeking $500,000. He has not filed that action yet.
Contact Patsy R. Brumfield at (662) 678-1596 or patsy.brumfield@djournal.com.
You haven't got a clue. You know that you might be held accountable for saying things for facts and them not being true. I hope you get busted. You also got it wrong again with the serving time part. This is a civil suit. I hope everyone who is involved gets to be deposed so everyone will know which Dems are not true Dems. People like you are the reason that the Democratic Party has trouble. You are not creditable or worthy. I bet you talk a big talk but do not really work on Democratic campaigns.If you were a real or true Democrat you would be working with the party and not working against them as you have. Maybe you are one of those wanta be people who have nothing else better to do other than bash people just to make you better about yourself.
Eric Hampton will serve time after this trial goes to court and with the evidence present.....it will.
Why would you ever talk about someone’s church? It sounds like to me you might need to ask God to forgive you for your hatred towards others. You sound like you are one of the involved people like Lisa Franks or Sherry Mask or one of those people who are so against Franks & Hampton. Do you really approve of Mike Scott’s actions? Do approve of the Lee County School Board covering this matter up ?
Thanks Lee Democrats.
American Recovery and Reinvestment Act = $787B
TARP Funds = $89B
Democrats realizing they have no clue on how to operate under a budget or creat jobs = PRICELESS
When this matter goes to trial Jim Waide is going to expose the truth and mop the floor with you, your lawyer and Eric Hampton in Court.
I would also bet you that your little stunt costs you and Hampton the leadership positions that you have with the Democratic Party. All of us who are true blue Democrats don't appreciate all of the damage that you have done to the party in an election year for your own petty reasons.