Jones v. Miss. State Univ.
| Docket Number: | 2006-CA-00223-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-06-2007 Opinion Author: IRVING, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Personal injury - Service of process - M.R.C.P. 4(d)(5) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - PERSONAL INJURY |
|
| Trial Court: |
Date of Trial Judgment: 01-06-2006 Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: MOTION TO DISMISS GRANTED. Case Number: 2004-0558-CV |
|
| Party Name: | Attorney Name: | |||
| Appellant: | MOLLY MONTGOMERY JONES |
JENNIFER P. BURKES,
MARK ANDREW CLIETT |
||
| Appellee: | MISSISSIPPI STATE UNIVERSITY | JENNIFER G. RUSH, JOHNNIE M. HALEY |
|
|
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: | Personal injury - Service of process - M.R.C.P. 4(d)(5) |
| Summary of the Facts: | Molly Jones filed a complaint against Mississippi State University and other unknown individuals, alleging that she suffered personal injuries and damages while a business invitee on the campus of Mississippi State University. The court dismissed the complaint, and Jones appeals. |
| Summary of Opinion Analysis: | Jones filed her complaint on November 15, 2004. She made service of process upon J. Charles Lee, then president of MSU, rather than upon the Attorney General of the State of Mississippi, as required by M.R.C.P. 4(d)(5). On April 8, 2005, MSU filed a motion to dismiss claiming insufficiency of process and insufficiency of service of process. Jones served the Attorney General with process on May 31, 2005, more than seventy days after the expiration of the 120-day time period mandated by M.R.C.P. 4(h). Jones argues that the circuit court erred in dismissing her complaint for lack of timely service of process, and that the court erred in failing to grant an extension of time to allow her to properly serve process upon the Attorney General. To establish good cause the plaintiff must demonstrate at least as much as would be required to show excusable neglect, as to which simple inadvertence or mistake of counsel or ignorance of the rules usually does not suffice. While Rule 4(d)(5) requires that service on a state institution be made by serving the Attorney General, Jones argues that this rule is ambiguous. However, the rule clearly states that service of process shall be made upon the State of Mississippi or any one of its departments, officers or institutions, by delivering a copy of the summons and complaint to the Attorney General of the State of Mississippi. Therefore, the circuit court did not err in finding that counsel has failed to show good cause or excusable neglect for failing to timely serve the Attorney General. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
