Lucas v. Williams


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Docket Number: 2001-CA-01252-COA
Linked Case(s): 2001-CT-01252-SCT ; 2001-CA-01252-COA
Court of Appeals: Opinion Link
Opinion Date: 01-07-2003
Opinion Author: Bridges, J.
Holding: Affirmed
Additional Case Information: Topic: Bill of exceptions - Timely appeal - Section 11-51-75
Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Thomas, Lee, Myers, and Chandler, JJ.
Non Participating Judge(s): Griffis, J.
Dissenting Author : Irving, J.
Dissent Joined By : King, P.J.
Procedural History: Dismissal
Nature of the Case: CIVIL - REAL PROPERTY
Trial Court: Date of Trial Judgment: 07-09-2001
Appealed from: Lamar County Circuit Court
Judge: R. I. Prichard, III
Disposition: APPEAL DISMISSED WITH PREJUDICE AS UNTIMELY
Case Number: AP2001-52
  Party Name: Attorney Name:  
Appellant: Thomas E. Lucas




 GEORGE THOMAS SULLIVAN



 
Appellee: Rex Williamson DANIEL HURD HUDSON  
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Topic: Bill of exceptions - Timely appeal - Section 11-51-75
Summary of the Facts: Rex Williamson petitioned the Lamar County Board of Supervisors for a private right-of-way across property belonging to Thomas Lucas. Damages in the amount of $560 were granted. Lucas filed a motion to set aside which the Board denied. After Lucas filed a notice of appeal, the circuit court dismissed the appeal with prejudice for failure to have jurisdiction. Lucas appeals.
Summary of Opinion Analysis: The final order of the Board of Supervisors was entered on July 20, 2000. Section 11-51-75 requires a bill of exceptions to be entered within ten days of the date of adjournment at which session the board made its decision. The latest time the decision could have become final was August 7, 2000, when the minutes of the July meeting were signed. Lucas did not file his bill of exceptions until February 20, 2001, well beyond the statutory time limit.


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