Alienation of Affection Case with John Daly Headed Back to Court

Yardbarker.com reports that an alienation of affection case involving pro golfer John Daly is headed back to court in Mississippi.  On January 15, 2015 the Mississippi Supreme Court denied review of a Court of Appeals case which revered the trial court’s ruling that Mississippi wasn’t a proper forum for the case.

[T]he alleged sexual activity between Cladakis and Daly within the state of Mississippi, which contributed to the breakup of Daly’s marriage with Miller, constituted a tort committed, at least in part, within this state. For whatever reason Cladakis and Daly chose Mississippi for the site of their liaisons, this Court finds that decision constituted a purposeful availment to activities within the state for purposes of personal jurisdiction.

Miller v. Provident Adver. & Mktg., 2014 Miss. App. LEXIS 339, 24-25 (Miss. Ct. App. June 17, 2014).  To make matters even worse for the defendant, the Court of Appeals also erased $78,307 in sanctions the trial court had awarded against the plaintiff as a sanction under the Litigation Accountability Act.

[O]ur reversal of the trial court’s judgment regarding jurisdiction undermines the trial court’s position on attorneys’ fees as well. Accordingly, we reverse the award of attorneys’ fees to Cladakis.

……

[A] claim is frivolous ‘only when, objectively speaking, the pleader or movant has no hope of success. Though a case may be weak or ‘light-headed,’ that is not sufficient to label it frivolous.”

Miller v. Provident Adver. & Mktg., 2014 Miss. App. LEXIS 339 (Miss. Ct. App. June 17, 2014).

Philip Thomas’ blog reviews a number of alienation of affection verdicts in Mississippi.  The verdicts range from zero to 7 digits.  Where this one will end is anyone’s guess.  Daly’s fiance, Cladakis, may have a decent defense if she can prove there was no love in the Daly marriage to alienate in part due to Daly’s ex-wife allegedly demanding $2,500 every time they had intercourse.  On a side note, if Daly marries Cladakis it will be his fifth marriage.  At some point Daly has to look in the mirror and realize the marital struggles might just be his fault rather than his exes.