Millsaps v. Stout
| Docket Number: | 2002-CA-01336-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-09-2003 Opinion Author: Chandler, J. Holding: Dismissed |
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| Additional Case Information: |
Topic: Conversion - Interlocutory appeal - M.R.C.P. 54(b) - M.R.A.P. 5(a) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 07-25-2002 Appealed from: Forrest County Circuit Court Judge: Richard W. McKenzie Disposition: THE APPELLANT'S PUNITIVE DAMAGES CLAIM WAS DISMISSED Case Number: CI01-0041 |
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| Party Name: | Attorney Name: | |||
| Appellant: | BILLY MILLSAPS |
ORVIS A. SHIYOU |
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| Appellee: | GARY STOUT, INDIVIDUALLY AND GARY STOUT D/B/A DIXIE GLASS COMPANY | JACK W. LAND |
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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: | Conversion - Interlocutory appeal - M.R.C.P. 54(b) - M.R.A.P. 5(a) |
| Summary of the Facts: | Billy Millsaps filed a complaint against his employers, Gary Stout and Gary Stout, d/b/a Dixie Glass Company, alleging that Dixie Glass converted Millsaps' insurance premium payments to Dixie Glass's own use. He requested $50,000 in actual damages, $500,000 in punitive damages, and attorney's fees and costs. Dixie Glass filed a motion for partial summary judgment on Millsaps' punitive damages claim. The court dismissed the claim for punitive damages with prejudice, and Millsaps appeals. |
| Summary of Opinion Analysis: | The court's dismissal of Millsaps' punitive damages claim did not adjudicate Millsaps' claims for actual damages and attorney's fees. Since these claims remained pending in the lower court and the court never made a M.R.C.P. 54(b) certification, the court's order dismissing the punitive damages claim is interlocutory. In addition, Millsaps never sought or obtained permission for an interlocutory appeal pursuant to M.R.A.P. 5(a). Therefore, his appeal is dismissed. |
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