Laird v. ERA Bayshore Realty, et al.
| Docket Number: | 2001-CA-01981-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-25-2003 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Breach of contract - Summary judgment - Final judgment - M.R.C.P. 54(b) Judge(s) Concurring: King, P.J., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ. Non Participating Judge(s): McMillin, C.J. and Southwick, P.J. Procedural History: Summary Judgment Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 10-16-2001 Appealed from: Hancock County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT GRANTED. Case Number: 98-0330 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Danny Laird and Lynda Laird |
WILLIAM W. DREHER, JR. |
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| Appellee: | ERA Bayshore Realty, Patsy Dubuisson, Ed Rideout and Pest Control Specialty, Inc | WILLIAM E. WHITFIELD PATRICK R. BUCHANAN W. EDWARD HATTEN SAMUEL TRENT FAVRE |
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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: | Breach of contract - Summary judgment - Final judgment - M.R.C.P. 54(b) |
| Summary of the Facts: | Danny and Lynda Laird filed a complaint against Ronnie and Joyce Ladnier, which was amended to include additional defendants Patsy Dubuisson, ERA Bayshore Realty, Sidney Manix, Paul N. Seckso and Associates, Ed Rideout, and Pest Control Specialists, Inc. The complaint alleged statutory non-disclosure, breach of contract, fraud, fraudulent concealment, misrepresentation, and intentional infliction of emotional distress. Dubuisson, ERA Realty, Rideout and Pest Control filed motions for summary judgment which the court granted. The Lairds appeal. |
| Summary of Opinion Analysis: | Issue 1: Summary judgment The Lairds argue that the judge was manifestly wrong and applied the wrong legal standard when he granted summary judgment in favor of Dubuisson, ERA, Rideout, and Pest Control, because these parties committed fraud by intentionally trying to cover up the serious structural damage to the house which the Lairds purchased. However, the record shows that the Lairds were aware of the structural damage to the house before the purchase. The disclosure statement indicated that the house was thirty years old, had numerous foundational repairs made by the owners and not contractors, had a history of termite damage, and had received major flood damage from Hurricane Camille. Therefore, the court did not err in granting summary judgment. Issue 2: Final judgment The Lairds argue that the judge abused his discretion in granting a final judgment pursuant to M.R.C.P. 54(b). The purpose of M.R.C.P. 54(b) is to avoid the possible injustice of a delay in entering judgment on a distinctly separate claim or as to fewer than all of the parties until the final adjudication of the entire case by making an immediate appeal available. The Lairds offer no reason as to why the court’s ruling was improper and therefore, the court did not abuse its discretion. |
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