Deramus v. Pierce
| Docket Number: | 2003-CA-00641-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-12-2004 Opinion Author: King, C.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Real property - Res judicata Judge(s) Concurring: Bridges and Lee, P.JJ., Irving, Myers, Chandler and Griffis, JJ. Non Participating Judge(s): Barnes and Ishee, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - REAL PROPERTY |
|
| Trial Court: |
Date of Trial Judgment: 01-24-2003 Appealed from: Winston County Chancery Court Judge: Edward C. Prisock Disposition: DEFENDANTS GRANTED SUMMARY JUDGMENT. Case Number: 2001-343 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Jody Deramus |
W. O. DILLARD |
||
| Appellee: | J. L. Pierce and Mary Frances Pierce | WILLIAM C. SPENCER WILLIAM C. SPENCER, JR. |
|
|
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. |
|
| Topic: | Real property - Res judicata |
| Summary of the Facts: | Jody Deramus filed a complaint against J. L. Pierce and Mary Frances Pierce to cancel deed, remove cloud, and confirm title. The Pierces filed a motion for summary judgment which was granted. Deramus appeals. |
| Summary of Opinion Analysis: | Deramus argues that there are genuine issues of material fact in dispute between the parties. However, most of the issues raised by Deramus are matters which relate to her dealings with the FDIC and the RTC, dealings to which the Pierces were not a party. As to the Pierces, Deramus argues that the sale of the property in question to the Pierces violated restrictive covenants and zoning regulations. The U.S. District Court for the Northern District of Mississippi held that Deramus as a private individual was not authorized to pursue an action for violations of restrictive covenants and zoning regulations, except where the use constitutes a nuisance per se or the individual has suffered or is threatened with special damage, and that Deramus failed to provide evidence relating to either exception. Therefore, that issue has been litigated to conclusion in the federal court system and is now res judicata. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
