Judge denies Davis motion for summary judgement - FOX13 News, WHBQ FOX 13

Judge denies Davis motion for summary judgement

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JACKSON, Miss. (FOX13) -

Southaven Mayor Greg Davis was back in court Tuesday in Jackson, Miss., in the civil case with the State Auditor. Davis' attorney had filed a motion for a summary judgment to, "simplify the case before it goes to trial next month."

MORE: Davis' civil trial continued until May 13
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The mayor's attorneys argued that Davis had the authority to approve his own travel under the city handbook.

MORE: Ex-wife, alderman testify in Davis' civil trial

They also argued that under state law, Mayor Davis did not have to provide receipts when asking to be reimbursed. There was also an argument that the Mayor was acting as the mayor and under city business anywhere he went in the city of Southaven, so he should be reimbursed for those travel expenses.

Judge Dewayne Thomas denied Davis' motion for a partial summary judgment, saying he wanted to hear all of the facts at trial.

 "I thought the judge made a correct ruling. It's a factual issue whether the money has been properly spent," said attorney Skim Jernigan with the State Auditor's Office.

"Well we filed a motion to limit some of the issues, simplify the trial and the court wants to hear the whole case, and that happens from time to time in cases and we certainly respect that and will move forward," Davis' attorney Michael Heilman added.

The Davis civil trial is scheduled for May 13 and is expected to take up to a week. The aldermen who were scheduled to be deposed in Southaven will have to appear in court during that week.

Due to inquiries from the media, State Auditor Stacey Pickering released the following statement regarding today's ruling denying Greg Davis' motion for partial summary judgment:

"We are pleased with Judge Thomas' ruling today and look forward to our day in court.  I am confident that we will be successful in protecting the taxpayers of Southaven and the State of Mississippi."

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