Soriano v. Gillespie, et al.
| Docket Number: | 2001-CA-01874-COA Linked Case(s): 2001-CT-01874-SCT ; 2001-CA-01874-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-08-2003 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Default judgment - Priority jurisdiction - Void judgment - M.R.C.P. 60(b)(4) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 11-07-2001 Appealed from: Neshoba County Circuit Court Judge: Vernon Cotten Disposition: DEFAULT JUDGMENT FOR APPELLANT WAS SET ASIDE. Case Number: 00-CV-242-NS |
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| Party Name: | Attorney Name: | |||
| Appellant: | Dr. A. P. Soriano |
LAUREL G. WEIR |
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| Appellee: | Guy Gillespie and Guy Gillespie d/b/a Paradigm Access | DONALD L. KILGORE |
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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: | Default judgment - Priority jurisdiction - Void judgment - M.R.C.P. 60(b)(4) |
| Summary of the Facts: | Dr. A. P. Soriano commenced a civil action in the Neshoba County Chancery Court against Guy Gillespie, individually and doing business as Paradigm Access. The court granted Gillespie’s motion to dismiss on the basis that venue was improper. The chancellor gave Soriano the option to transfer the case to a proper venue or to dismiss it without prejudice, and Soriano commenced a separate action in the Neshoba County Circuit Court and obtained a default judgment. Gillespie filed a motion to set aside the circuit court judgment and to dismiss the case which the court granted. Soriano appeals. |
| Summary of Opinion Analysis: | Issue 1: Priority jurisdiction Soriano argues that there was a final judgment in the chancery court case because the chancellor orally ruled that it did not have jurisdiction and that venue was improper and stated that the case would be dismissed unless a motion to transfer was made within thirty days. The record shows that the chancellor ruled that venue was improper in the Neshoba County Chancery Court and that the chancellor never entered a final order or judgment. A judgment has no validity until written out and signed by the chancellor. Therefore, the circuit court correctly found that no final judgment was ever entered in the chancery court case. With regard to priority jurisdiction, a court is prohibited from taking jurisdiction over a matter, involving substantially the same parties and subject matter, if another court has acquired jurisdiction. This action was filed in circuit court while the chancery court case was pending. Since this is the same controversy involving the same parties, the circuit judge correctly determined that the circuit court lacked jurisdiction. Issue 2: Default judgment M.R.C.P. 60(b)(4) allows a void judgment to be set aside. A judgment is void if the court that rendered it lacked jurisdiction of the subject matter of the parties. The judgment in the circuit court was void because the chancery court had priority jurisdiction. Although Gillespie filed his motion to set aside the judgment just over six months after it was entered, a delay in claiming that a judgment is void is not fatal to the claim. |
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