IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI

VICKSBURG HEALTHCARE, LLC D/B/A

RIVER REGION HEALTH SYSTEM APPELLANT
VS. NO. 2013-IA-00181-SCT
CLARA DEES APPELLEE
RESPONSE TO FIRST AND SECOND MOTION FOR CONTEMPT
COMES NOW, Clara Dees, Appellee, and responds to Appellants Motions for Contempt
as follows:
FIRST MOTION FOR CONTEMPT
1. Appellant filed an interlocutory appeal in the lower court thereby staying all circuit
court proceedings including the lack of production of said affidavit.
2. Admitted.
3. Admitted.
4. Admit that I failed to make the payment as scheduled; however said failure was not
do to any contemptuous behavior on my part but rather my poor financial status. Further, the
entire$1,500.00 has now been satisfied as well as the $500.00 sanction to the Court. Copies of
receipts for same are attached hereto and incorporated by reference as Exhibit A and B
respectively.
5. Denied. My tardiness in paying Vicksburg Healthcare has in no way prejudiced this
cause. Conversely, they have received the entire attorney fee as ordered by the Court
approximately a year early.
6. Denied. This Courts sanction was sufficient and appropriate and Appellees brief
should not be stricken.
E-Filed Document Jul 23 2014 14:58:45 2013-IA-00181-SCT Pages: 4
7. Denied.
Appellee further denies the relief requested in the addendum paragraph beginning with
Wherefore, Premises Considered.
Second Motion for Contempt
Appellee denies the allegations and requests contained in the opening
paragraph beginning with Comes Now.
1. Admitted.
2. Admittted.
3. Denied as to consistency however Appellee had not made payments as of
the date of Appellants filings. Appellee has satisfied the financial obligations of
this Courts order in its entirety.
4. Denied.
5. Denied.
6. Appellee further denies the relief requested in the addendum paragraph beginning
with Wherefore, Premises Considered.
And now having responded to Appellants Motions for Contempt, Appellee hereby
moves as follows:
MOTION FOR SANCTIONS
1. That on or about May 22, 2014 and June 16, 2014 counsel for Vicksburg Healthcare,
LLC filed two separate Motions for Sanctions herein.
2. That in each of said motions counsel certified that a copy of each motion was
forwarded to Appellee.
3. Conversely, Appellant has failed and refused to furnish a copy of either document to
Appellee.
4. In the interest of complying with this Courts mandate that Appellee enter a response
to same, Appellee sent correspondence to Appellant advising that said motions had not been
provided, a copy of said correspondence is attached hereto and incorporated by reference as
Exhibit C.
5. Additionally, counsel for Appellee personally requested a copy from Clifford
Whitney, III at his office when paying the award of attorneys fees to and Clifford Whitney, III
refused to provide a copy and insists that said motions be retrieved from this Courts website.
6. Further, Clifford Whitney, III stated that he had emailed copies of said motions to
me; therefore, I politely waited for his staff to provide me with any evidence of same, the
documentation which was provided is attached hereto as composite Exhibit D which is simply
the email notice that a document has been filed but does not include the document itself.
7. Said false representations and unprofessional behavior towards a member of the
same local bar is not appropriate and is sanctionable.
WHEREFORE, PREMISES CONSIDERED Appellee prays that this Court will deny
Appellants Motions for Sanctions and sanction counsel for Appellant.
Respectfully submitted,
CLARA DEES, APPELLEE
By:/s/ Michael E. Winfield________
MICHAEL E. WINFIELD
Michael E. Winfield
WINFIELD & MORAN, PLLC
1129 Openwood Street
Vicksburg, MS 39193
MSB No. 99979
Telephone: (601) 638-3911
Facsimile: (601) 638-3990
CERTIFICATE OF SERVICE
I, the undersigned, Michael E. Winfield, attorney for Clara Dees, do hereby certify that I
have this date faxed and/or hand delivered a true and correct copy of the above and foregoing
document to the following interested persons:
Clifford C. Whitney
1110 Jackson Street
Post Office Box 1237
Vicksburg, Mississippi 39181-1237
(Attorney for Appellant)
Honorable Isadore Patrick
New Courthouse
Vicksburg, Mississippi 39183
(Circuit Court Judge of Warren County Court)
This the _23
rd
day of July, 2014.
_/s/ Michael E. Winfield _________
MICHAEL E. WINFIELD