Miss. R. App. P. 35B

(a) Written Opinions in the Court of Appeals. The Court of Appeals may write

opinions on all cases heard by that court and shall publish all such written opinions. In cases

where the judgment of the trial court is affirmed, an opinion will be written in all cases where

the Court of Appeals assesses damages for a frivolous appeal and in other cases if a majority

of the judges deciding the case determine that a written opinion will add to the value of the

jurisprudence of this state or be useful to the parties or to the trial court.

(b) Citation of unpublished opinions. Opinions in cases which have not been

designated for publication shall not be cited, quoted or referred to by any court or in any

argument, brief or other materials presented to any court except in continuing or related

litigation upon an issue such as res judicata, collateral estoppel or law of the case.

(c) Publication of Court of Appeals Opinions. An opinion may be published only

after it is final. An opinion of the Court of Appeals is final where: (i) no motion for

rehearing is filed pursuant to Rule 40 or, (ii) where a motion for rehearing is timely filed and

the motion for rehearing is denied. The filing of a petition for writ of certiorari in the

Supreme Court shall not, for the purpose of this subsection, prevent or delay finality of the

Court of Appeals opinion for publication.

(d) Per Curiam Affirmance. The Court of Appeals, with the concurrence of all

judges participating in the case, may affirm the action of the trial court without rendering a

formal opinion when an opinion would have no precedential value and one or more of the

following circumstances exist and are dispositive of the appeal:

(1) the Court concurs in the facts as found or as found by necessary implication by the

trial court;

(2) there is material evidence to support the verdict of the jury;

(3) no reversible error of law appears.

(e) Entry of Judgment. The notation of a judgment in the minute book of the Court

of Appeals constitutes entry of the judgment. The clerk of the Supreme Court shall enter the

judgment following receipt of the opinion and judgment of the court. If a judgment is

rendered without an opinion, the clerk shall enter the judgment following instructions from

the court.