Perkins v. Littleton

• Decision Date: 21 August 2018
• Docket Number: NO. 2017-CP-00225-COA,2017-CP-00225-COA
• Citation: 270 So.3d 208
• Parties: Willie J. PERKINS, Sr., Appellant v. James K. LITTLETON, Appellee
• Court: Mississippi Court of Appeals

270 So.3d 208

Willie J. PERKINS, Sr., Appellant

v.James K. LITTLETON, Appellee

NO. 2017-CP-00225-COA

Court of Appeals of Mississippi.

August 21, 2018

ATTORNEY FOR APPELLANT: WILLIE J. PERKINS SR. (PRO SE), Greenwood

ATTORNEY FOR APPELLEE: JAMES K. LITTLETON (PRO SE), Greenwood

BEFORE CARLTON, P.J., WILSON AND GREENLEE, JJ.

WILSON, J., FOR THE COURT:

¶ 1. During a lengthy radio advertisement in support of his campaign for circuit court judge, James K. Littleton stated that "the father of one of [his] opponents" had "conspired" with Littleton's family "to go public with [a] family dispute to derail [Littleton's] campaign." Littleton had only two opponents in the election. One opponent's father was deceased. The other opponent's father was Willie K. Perkins Sr. Perkins perceived that Littleton's statement was directed at him, he informed Littleton that the statement was false and demanded a retraction, and he subsequently sued Littleton for defamation.

¶ 2. The Leflore County Circuit Court granted summary judgment for Littleton on the ground that his statement was "not clearly and unmistakably directed toward [Perkins]." We affirm the circuit court's ruling but for different reasons. Littleton's statement was clearly directed at Perkins because it could not have been directed at anyone but Perkins. In addition, there are factual disputes as to whether the statement was false and whether Littleton knew it was false. Nonetheless, we affirm the circuit court's ruling because, as a matter of law, Littleton's statement was not defamatory.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶ 3. Perkins and Littleton are both practicing attorneys in Greenwood. Perkins is also a state legislator. Littleton is also a justice court judge.

¶ 4. In 2014, Littleton was one of three candidates for circuit court judge in the Fourth Circuit Court District, Place 3. The other two candidates were Perkins's daughter (Takiyah Perkins) and Carol White-Richard.

¶ 5. In August and September 2014 the Greenwood Commonwealth published articles about a lawsuit that Littleton's mother and sister had filed against Littleton in the Bolivar County Chancery Court. In the lawsuit, Littleton's mother and sister alleged that Littleton had forged deeds related to his deceased father's estate. As the newspaper articles reported, Littleton denied the lawsuit's allegations.

¶ 6. In September 2014, Littleton ran a lengthy advertisement on two local radio stations. In the ad, Littleton stated in part as follows:

This is James Littleton, candidate for Circuit Court Judge of the Fourth District, Place 3. In addressing the story first reported by the Greenwood Commonwealth , I'm not surprised that they would report a misleading and half-truth story as they did.

Now, let's get to the whole truth. First, it was reported that I cursed my mother out. The Commonwealth has been armed with this story for two weeks, and the reporter writing this story has interviewed me, recorded me, but has never asked me to respond to this false allegation. I am a child of God and I am obedient to my parents.

Second, they failed to report that I have known about a conspiracy and meeting between my family and the father of one of my opponents for several months where they conspired to go public with this family dispute to derail my campaign. Prior to being contacted by the Commonwealth, my sister sent derogatory and false comments to one of my campaign workers via facebook and stated she supported Takiyah Perkins for Circuit Court Judge.

....

I'm aware of the allegations made by my mother who birthed me into this world and my sister that I forged their signatures on various documents in the handling of my deceased father's estate several years ago. I love my mother and my sister but I am disappointed in them. These allegations were made by them approximately one year ago well in advance of my decision to run for circuit judge. I want the voters ... to know that these allegations are not true, and that I have not forged the signatures of my mother or sister on any document relating to my father's estate.¹

¶ 7. The following day, Perkins sent Littleton a cease-and-desist letter and demand for retraction. Perkins identified the following statement from the ad as false and defamatory: "I have known about a conspiracy and meeting between my family and the father of one of my opponents for several months where they conspired to go public with this family dispute to derail my campaign." Perkins asserted that the statement clearly was directed toward him because Littleton knew that White-Richard's father was deceased. Perkins asserted that the statement was false because he had never met or spoken to Littleton's mother or sister.

¶ 8. According to Littleton, the ad already was scheduled to stop running on or about the day he received Perkins's letter. Littleton did not retract his statement because he says he believed it to be true. Littleton claims that his mother told him "that she had met with the father of one of his opponents" in an effort to derail his campaign. Littleton also says that his mother did not tell him whose father she met with, and he did not know. Littleton denies that he knew at the time that White-Richard's father was deceased, and he denies that his statement was directed at Perkins.

¶ 9. In September 2015, Perkins sued Littleton for libel, slander, and defamation. Littleton answered and subsequently filed a motion to dismiss or for summary judgment. Littleton argued that Perkins could not prove defamation because the statement in the radio ad was not clearly directed at Perkins. Littleton also argued that the alleged defamation was not clear and unmistakable on its face and that Perkins's claim was based on innuendo, speculation, and conjecture. Littleton's motion references several attached exhibits, including Littleton's affidavit, but those exhibits do not appear to have been filed in the circuit court.

¶ 10. In response, Perkins argued that Littleton's comments clearly were directed toward him because Littleton knew that White-Richard's father was deceased. In an affidavit, Perkins stated that Littleton was present when White-Richard stated that her father was deceased during a speech at a July 2014 meeting of the Greenwood Voters League. Perkins also submitted White-Richard's father's obituary, which shows that he passed away on November 17, 2013, ten months before Littleton ran his ad. Perkins also submitted affidavits from three other Leflore county residents who heard Littleton's ad. All three knew that Littleton's comment was directed at Perkins because they knew that White-Richard's father was deceased.

¶ 11. Perkins also argued that Littleton knew that his statement was false. In support, Perkins submitted affidavits from Littleton's mother, Bonnie Littleton, and sister, Melaney Littleton Phillips. Both women stated that they had never met or talked to Perkins or conspired with Perkins to derail Littleton's campaign. In addition, Bonnie Littleton specifically denied that she had ever told Littleton that she "met with the father of one of his opponents." Bonnie Littleton's affidavit states: "This sworn statement by my son is a complete falsehood. I never made any such statement to my son."

¶ 12. In rebuttal, Littleton submitted an affidavit from Emma Bell stating that she heard Littleton's mother tell him that she had met with the father of one of Littleton's opponents. Bell further stated that she did not know that White-Richard's father was deceased and, thus, did not know whom Littleton's mother was talking about. Bell's affidavit also asserts that Bonnie Littleton is a known "liar."

¶ 13. Following a hearing, the circuit court found that the allegedly defamatory statement was "not clearly and unmistakably directed toward [Perkins]." The court reasoned that the particular statement did "not specifically name [Perkins] or his daughter," and "although some listeners may have believed the statement was about [Perkins], the statement by itself was insufficient to establish a claim of slander." Accordingly, the court granted Littleton's motion for summary judgment. Perkins thereafter filed a timely notice of appeal.

ANALYSIS

¶ 14. On appeal, Perkins argues that the circuit court erred by granting Littleton's motion for summary judgment. Perkins specifically argues that the circuit court erred by treating his claim as a claim for "slander" rather than "libel"² and by ruling that a "defamatory statement must refer to [the plaintiff] by name." Perkins also argues that Littleton effectively "accused [him] of a criminal conspiracy." Finally, Perkins argues that the circuit court erred by denying as moot his motion for leave to conduct additional discovery and his motion to compel the Greenwood Commonwealth to respond to a subpoena.³ Littleton responds to Perkins's arguments and additionally argues that the circuit court's ruling was correct because Perkins is a "public figure" and cannot prove "actual malice."⁴ In his reply brief, Perkins argues that Littleton waived the "public figure" issue because he did not raise the issue in the circuit court.

¶ 15. As we explain below, we conclude that the statement was clearly directed at Perkins, and there are factual disputes as to whether the statement was false and whether Littleton knew it was false. However, we affirm because we conclude, as a matter of law, that the statement was not defamatory. See Stroud v. Progressive Gulf Ins. , 239 So.3d 516, 526 (¶ 31) (Miss. Ct. App. 2017) ("This Court may affirm a circuit court if the correct result is reached, even if the circuit court reached the correct result for the wrong reasons." (brackets and internal quotation mark omitted) ). Therefore, we need not address the various additional issues raised by the parties on appeal. See Fulton v. Miss. Publishers Corp. , 498 So.2d 1215, 1216 (Miss. 1986) ("The threshold question is whether the statement made was defamatory, for if the statement was not...