Netterville v. Weyerhaeuser Co.
| Docket Number: | 2006-CP-01785-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-21-2007 Opinion Author: CARLTON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Subject matter jurisdiction - M.R.C.P. 12(h)(3) - M.R.C.P. 60(b)(4) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Concurs in Result Only: IRVING, J. Procedural History: Dismissal Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 09-11-2006 Appealed from: Lawrence County Chancery Court Judge: J. Larry Buffington Disposition: MOTION TO VACATE JUDGMENT OF CHANCELLOR WAS DISMISSED WITH PREJUDICE Case Number: 1999-0113 |
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| Party Name: | Attorney Name: | |||
| Appellant: | DERRELL R. NETTERVILLE |
DERRELL R. NETTERVILLE (PRO SE) |
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| Appellee: | WEYERHAEUSER COMPANY | JOHN T. ARMSTRONG |
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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: | Real property - Subject matter jurisdiction - M.R.C.P. 12(h)(3) - M.R.C.P. 60(b)(4) |
| Summary of the Facts: | Derrell Netterville filed a pro se action of ejectment in the Lawrence County Chancery Court seeking to eject the Weyerhaeuser Company from land to which Weyerhaeuser holds title in Lawrence County. Weyerhaeuser filed a counterclaim against Netterville. Netterville then filed a notice of removal of the action to the U.S. District Court for the Southern District of Mississippi. The district court remanded the matter to the chancery court. The chancellor dismissed with prejudice Netterville’s complaint, confirmed title to Weyerhaeuser against Netterville, awarded Weyerhaeuser actual damages in the amount of $3,000, attorney’s fees in the amount of $7,500, and punitive damages in the amount of $100,000 due to the nature of Netterville’s actions. Netterville did not appeal this judgment. Six years later, Netterville filed a motion in the chancery court to vacate the final judgment entered against him some six and one-half years before. Weyerhaeuser filed a motion to dismiss which the court granted. Netterville appeals. |
| Summary of Opinion Analysis: | Netterville challenges the subject matter jurisdiction of the chancery court to rule against him. Allegations that a judgment is void for lack of subject matter jurisdiction pursuant to M.R.C.P. 12(h)(3) are made pursuant to M.R.C.P. 60(b)(4). A motion alleging that a judgment is void is required to be made within a reasonable time. Netterville’s appeal was untimely because he delayed over six years in filing his motion seeking relief. He did not appeal the decision of the chancery court and advances no reason for his failure to do so or why he has failed to file his Rule 60(b) motion for over six years. In addition, the chancery court had subject matter jurisdiction to hear the matter concerning the subject property in Lawrence County. On the merits, Netterville’s complaint fails because it does not aver that he or his grantor ever had any possession of the land, or that his grantor ever had any title, either actual or colorable. |
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