Britt v. Orrison
| Docket Number: | 2022-CP-00165-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-10-2023 Opinion Author: Carlton, P.J. Holding: AFFIRMED IN PART; REVERSED AND REMANDED IN PART |
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| Additional Case Information: |
Judge(s) Concurring: BARNES, C.J., GREENLEE, WESTBROOKS, McDONALD, McCARTY,
SMITH AND EMFINGER, JJ. Non Participating Judge(s): LAWRENCE, J. Concurs in Result Only: WILSON, P.J. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 01-18-2022 Appealed from: JACKSON COUNTY CHANCERY COURT Judge: D. NEIL HARRIS SR. Disposition: In January 2012, Brian Britt and Craig Bradley Orrison and The Shed Inc. (collectively, "Orrison") entered into a contract for the sale of Britt's two-story log house known as the Wilson House Inn Bed & Breakfast ("Wilson House"). As part of the terms, Orrison agreed to move the Wilson House off of Britt's property at his expense. Britt then sold the real property, on which the Wilson House was located, to an orthopedics clinic. As of May 2012, Orrison had not taken any action to move the Wilson House. Orrison called Britt and informed him that the Wilson House had flooded "from the upstairs level." After examining the house, Britt told Orrison that no structural damage occurred. About a week later, Orrison told Britt that he was "backing out of the deal" due to the flooding. Orrison eventually admitted that he had not inspected or even entered the Wilson House to determine its condition at that time. In August 2012, the orthopedics clinic that purchased Britt's real property informed Britt that he would be served with eviction papers if the Wilson House remained on the property. Britt immediately made temporary arrangements to remove the house from the property. On August 5, 2012, a moving company transported the Wilson House to an adjoining property owned by Britt. Britt paid approximately $20,300 to move the Wilson House. Per an order from the City of Gautier, the Wilson House had to remain on the mover's steel beams. Britt filed a complaint against Orrison for specific performance, temporary injunction, and other relief stemming from Orrison's breach of contract. The parties eventually entered into a settlement agreement. The agreement stated that Orrison shall pay Britt $15,150.00 for moving expenses, Orrison will assume the contract from Britt and the house moving company, Orrison shall deed two and one half acres of property east of 6312 Allen Road, Gautier, Mississippi to Britt, Orrison shall pay Britt $20,000.00 within 90 days of the order, Britt shall deliver a clear title for the Wilson House to Orrison within 28 days, Orrison will move the Wilson House to the location of their choosing within 28 days of the order, and Britt will execute a full and final release of all claims against Orrison in any way related to the Wilson House. The chancery court retained jurisdiction until all conditions outlined in the September 19, 2012 agreed order had been satisfied. On the same day the agreed order was entered, Orrison paid Britt $15,150 in partial satisfaction. Britt signed a bill of sale on October 17, 2012, conveying and transferring ownership of the Wilson House to Orrison. On October 24, 2012 -after Orrison failed to relocate the Wilson House within the twenty-eight-day deadline mandated by the agreed order- Britt filed a petition for contempt against Orrison. In response, Orrison filed a motion under Mississippi Rule of Civil Procedure 60(b). In his motion, Orrison claimed that Britt misrepresented the condition of the house. After hearings on the parties' respective motions, the chancery court granted Orrison's motion to set aside the September 19, 2012 agreed order. The chancellor also ruled that because he set aside the agreed order, Britt's petition for contempt was moot. Litigation continued over the next four years. During that time, Orrison obtained a default judgment against Britt, and the chancery court awarded Orrison damages. After the chancery court denied Britt's motion for a new trial, Britt appealed. On appeal, the Mississippi Court of Appeals reversed and rendered the chancery court's judgment setting aside the September 19, 2012 agreed order. The Mississippi Court of Appeals also found that the chancery court erred in granting a default judgment to Orrison and accordingly reversed and rendered. After the Mississippi Court of Appeals entered its mandate, the chancery court held a remand hearing on Britt's October 24, 2012 petition for contempt. At the hearing, the chancellor discovered that in August 2016 (prior to the chancery courts ruling in the proceedings below and also prior to Britt's 2017 appeal), Britt conveyed the Wilson House to the City of Gautier, and Britt admitted that he did not advise the chancery court or the Court of Appeals of the conveyance. The chancery court ultimately dismissed Britt's petition for contempt in an order entered on January 18, 2022 as it could not find Orrison in contempt for failing to comply with the agreed order because Britt's conveyance of the Wilson House, which was the basis of the motion for contempt, "destroyed" Orrison's ability to comply with the order. On February 9, 2022, Britt filed a motion titled "Motion for New Hearing Before Impartial Judge and Motion for Judgment Against the Defendants for Court Costs in a Specific Amount." In the body of the motion, Britt argued that he was entitled to a new hearing before an impartial judge and that the chancery court erred by refusing to grant him costs stemming from his prior appeal. In so doing, Britt acknowledged that he failed to file the motion within ten days of the entry of the chancellor's January 18, 2022 judgment. However, Britt claimed that he was not notified that the chancery court had entered an order, and therefore he did not discover the order had been entered until January 28, 2022. Britt asserts that as a result, it was "impossible" to file his motion for a new trial within days of the entry of the order. Britt also filed a timely notice of appeal within thirty days of the chancery courts January 18, 2022 judgment. |
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| Consolidated: Consolidated with 2015-TS-01292 Brian Britt v. Craig Bradley Orrison and The Shed Inc., et al.; Consolidated with 2017-CP-00700-COA Brian Britt v. Craig Bradley Orrison and The Shed, Inc.; | ||
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | BRIAN BRITT |
BRIAN BRITT (PRO SE) |
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| Appellee: | CRAIG BRADLEY ORRISON AND THE SHED, INC. | NATHAN LAMAR PRESCOTT | ||
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