STRATTON v. STATE
| Docket Number: | 2014-CP-01443-COA Linked Case(s): 2014-CP-01443-COA ; 2014-CT-01443-SCT ; 2014-CT-01443-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-24-2015 Opinion Author: Chief Judge Irving Holding: Affirmed. |
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| Additional Case Information: |
Topic: Motion for replevin - Final judgment - M.R.C.P. 59(b) - Substantial evidence |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Motion for replevin - Final judgment - M.R.C.P. 59(b) - Substantial evidence |
| Summary of the Facts: | Robert Stratton Sr. filed a motion for replevin without bond against Jerry McKey, seeking possession of a vintage truck that he had left at McKey’s repair shop for approximately three years. The trial court conditionally granted the motion, finding that Stratton could take possession of his property if he paid McKey $880 in storage fees. Stratton appeals. |
| Summary of Opinion Analysis: | The trial court made its bench ruling on November 3, 2010. In that ruling, the court instructed Stratton that his failure to pay the $880 to McKey and take possession of the truck within thirty days would result in his abandonment of the truck. However, the court failed to file a written and signed order that reflects that ruling. On December 30, 2010, Stratton filed his motion for relief from the judgment, which the trial court denied on September 23, 2011. In the judgment denying the motion for relief, the trial court reaffirmed its bench ruling. On October 3, 2011, Stratton filed his motion for reconsideration. The trial court’s bench ruling cannot be considered a final judgment for purposes of appeal because Mississippi law has long held that judgments are not final until they are reduced to writing and signed by the lower court before delivery to the clerk. So the September 23, 2011 judgment is the final judgment in this case, and Stratton had until ten days under M.R.C.P. 59(b) after that date to file his motion for reconsideration. Because he timely filed that motion on October 3, 2011, the trial court erred in dismissing it as untimely. Notwithstanding this error, the trial court’s decision was supported by substantial credible evidence. McKey testified that Stratton had left the vehicle at his repair shop for approximately three years and that Stratton had incurred storage fees during that time. McKey also testified that he had a conversation with Stratton about paying the storage fees and that he followed up with the conversation by mailing Stratton a registered letter that contained an invoice for those fees. McKey further testified that Stratton had refused to pay the storage fees and that he ultimately filed his motion for replevin. |
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