Broady v. Miss. State Bd of Architecture
| Docket Number: | 2005-CA-00460-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-15-2006 Opinion Author: KING, C.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: License suspension - Timeliness of appeal - M.R.C.P. 6(a) - M.R.A.P. 26(a) Judge(s) Concurring: LEE AND MYERS, P.JJ., SOUTHWICK, CHANDLER, GRIFFIS, AND ISHEE, JJ. Concurs in Result Only: IRVING AND ROBERTS, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 02-23-2005 Appealed from: Hinds County Chancery Court Judge: Stuart Robinson Disposition: APPEAL OF LICENSE REVOCATION DISMISSED AS UNTIMELY Case Number: G-2004-2022 R/1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | RAYMOND BROADY |
RAMEL LEMAR COTTON |
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| Appellee: | MISSISSIPPI STATE BOARD OF ARCHITECTURE | WOODY WOODCOCK, JACKIE TATUM |
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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: | License suspension - Timeliness of appeal - M.R.C.P. 6(a) - M.R.A.P. 26(a) |
| Summary of the Facts: | The Mississippi State Board of Architecture found that Raymond Broady had unlawfully engaged in the practice of architecture in this state. The Board found that Broady had executed two contracts for architectural services while his license was inactive and used a Mississippi address in a transaction while a non-resident architect. As a result, the Board suspended Raymond Broady’s license to practice architecture in Mississippi, and ordered him to pay a fine of $10,000. On October 11, 2004, Broady filed his notice of appeal without the appeal bond. Broady tendered a check for $500.00, dated October 15, 2004, to the Hinds County Chancery Clerk on October 18, 2004, thirty-two days after his receipt of the Board’s order. The Board moved to dismiss Broady’s appeal as being untimely. The court granted the motion, and Broady appeals. |
| Summary of Opinion Analysis: | Pursuant to M.R.C.P. 6(a), the time for Broady to perfect his appeal commenced on September 17, 2004, and under normal circumstances would have expired on October 16, 2004. However, October 16, 2004 fell on a Saturday. Because the last day for Broady to perfect his appeal was Saturday, October 16, 2004, a day when the chancery clerk’s office was closed, pursuant to M.R.C.P. 6(a), the deadline was extended to the next regular business day, October 18, 2004. This is also the date upon which the record shows the $500.00 bond was noted as received and filed by the Hinds County Chancery Clerk. M.R.C.P. 6 is in all material respects identical to M.R.A.P. 26(a), and the application of the two rules is the same. Therefore, Broady’s appeal was timely filed. |
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