Stringer v. American Bankers Ins. Co. of Florida
| Docket Number: | 2005-CP-01345-COA Linked Case(s): 2005-CP-01345-COA ; 2005-CT-01345-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-26-2007 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful revocation of bond - Res judicata - M.R.A.P. 4 - Sanctions - M.R.A.P. 38 Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ., Procedural History: Dismissal Nature of the Case: Revocation of Bond |
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| Trial Court: |
Date of Trial Judgment: 02-01-2005 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: MOTION TO ALTER OR AMEND JUDGMENT DENIED Case Number: 92-72-467 |
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| Consolidated: Consolidated with 2000-CT-00496-COA Charles Lavel Stringer v. American Bankers Insurance Company of Florida and Sidney Johnson | ||
| Party Name: | Attorney Name: | |||
| Appellant: | CHARLES LAVEL STRINGER |
CHARLES LAVEL STRINGER (PRO SE) |
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| Appellee: | AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA | WALTER D. WILLSON WILLIAM D. PURNELL |
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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: | Wrongful revocation of bond - Res judicata - M.R.A.P. 4 - Sanctions - M.R.A.P. 38 |
| Summary of the Facts: | In 1988, Charles Stringer was arrested on a charge of drug possession. Stringer entered into a contract with Surety Management Bonding Company to post his bail. Stringer paid a seven thousand five hundred dollar fee for this service. While on bond, Stringer was arrested in 1989 on a new charge. As a result of this new charge, the court revoked the bond posted for Stringer by Surety Management, and ordered him jailed. In 1992, Stringer filed suit against Surety Management, American Bankers Insurance Company of Florida (as surety on the bond), and Robert Cooksey (individually and in his official capacity as agent for Surety Management), alleging that they wrongfully caused the revocation of his bond. Stringer failed to attain service of process on these defendants. Stringer later amended his complaint to include Sidney Johnson as a defendant (individually and in his official capacity as agent for Surety Management). Sidney Johnson was the only defendant to receive proper service of process. In March 2000, American Bankers made a special appearance to contest jurisdiction, and to argue other procedural matters, including that the case was barred by the statute of limitations. The trial court found a lack of process and dismissed, with prejudice, the claim against American Bankers. On appeal, the Court of Appeals held that the dismissal for lack of process should have been without prejudice because, in the absence of process, American Bankers lacked standing to contest the other issues. The Court also held that the claims against the other parties were not ripe for appeal and remanded the case to the trial court. On remand, Stringer chose to file a separate lawsuit raising the same claims raised in the prior suit. While filing this new action, Stringer still pursued his claims in the former suit by filing for certiorari with the Mississippi Supreme Court. American Bankers moved in the circuit court to dismiss the claims in the new suit with prejudice based on the running of the statute of limitations. The circuit court withheld ruling on the motion to dismiss, pending the decision by the Supreme Court on the writ of certiorari. When the Court denied cert, the circuit court granted American Bankers’ motion to dismiss with prejudice. Prior to this ruling, Stringer sought to bring American Bankers back into the original lawsuit. Stringer never filed an amended complaint nor did he seek leave from the circuit court to file a new complaint. Stringer filed a petition for writ of mandamus in the Supreme Court requesting that the Court direct the circuit court to enter a default judgment against American Bankers or, in the alternative, grant Stringer permission to file an out of time appeal. American Bankers filed a motion to dismiss which the court granted. Stringer appeals. |
| Summary of Opinion Analysis: | The trial court dismissed Stringer’s claims, finding the claims were meritless, barred by the statute of limitations, and barred by the doctrine of res judicata. On appeal, the Court held that the statute of limitations and M.R.C.P. 12(b)(6) barred Stringer’s claims against American Bankers. According to M.R.A.P. 4, Stringer had thirty days in which to file a notice of appeal of this decision. Stringer did not timely file the notice, but rather filed a petition for a writ of mandamus, asking the Supreme Court to direct that the circuit court enter a default judgment against American Bankers or grant Stringer permission to file an out of time appeal. Due to Stringer’s failure to appeal this decision, the decision became a final judgment. Stringer then attempted to revive his previous claims against American Bankers raising the identical claims. Under res judicata, a final judgment on the merits bars further claims by parties or their privies based on the same cause of action. Therefore, Stringer’s claims are not properly before the Court. Stringer also brings the issue of Johnson’s dismissal again before the Court for a second time on appeal. Because the dismissal was made a final order by the Court’s prior holding, Stringer’s claims are without merit. American Bankers requests sanctions against Stringer under M.R.A.P. 38 for filing a frivolous appeal. American Bankers is entitled to costs but no additional monetary sanctions. |
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