Turner v. Everett


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Docket Number: 2006-CP-01593-COA
Linked Case(s): 2006-CP-01593-COA ; 2006-CT-01593-SCT
Court of Appeals: Opinion Link
Opinion Date: 12-09-2008
Opinion Author: GRIFFIS, J.
Holding: Dismissed
Additional Case Information: Topic: Legal malpractice - Jurisdiction - Section 11-51-3
Judge(s) Concurring: KING, C.J., LEE, P.J., MYERS, P.J., IRVING, J., CHANDLER, J., BARNES, J., ISHEE, J., ROBERTS, J., AND CARLTON, J.
Procedural History: Dismissal
Nature of the Case: CIVIL - LEGAL MALPRACTICE
Trial Court: Date of Trial Judgment: 08-08-2006
Appealed from: SMITH COUNTY CIRCUIT COURT
Judge: Joseph C. Webster
Disposition: FOUND THAT PLAINTIFF FAILED TO SERVE PROCESS WITHIN 120 DAYS AND DISMISSED THE CAUSE OF ACTION
Case Number: 2003-304
  Party Name: Attorney Name:  
Appellant: JIMMY RAY TURNER




 JIMMY RAY TURNER (PRO SE)



  
Appellee: JAMES B. EVERETT JAMES B. EVERETT (PRO SE)  
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Topic: Legal malpractice - Jurisdiction - Section 11-51-3
Summary of the Facts: Jimmy Turner filed a claim that alleged his attorney, James Everett, committed legal malpractice when Everett represented Turner in a murder trial. A special judge dismissed Turner’s suit for the failure to effectuate service of process within 120 days after filing the complaint. Turner appeals.
Summary of Opinion Analysis: Section 11-51-3 states that an appeal may be taken to the Supreme Court from any final judgment of a circuit or chancery court in a civil case, not being a judgment by default, by any of the parties or legal representatives of such parties. To be a final decree appealable under section 11-51-3, the decree must be final as to all parties and all issues. Neither of Turner’s notices of appeal mentioned the special circuit judge’s final order of dismissal as both notices of appeal preceded the final order. The notices dealt with the recusal of the trial judge. Therefore, the appellate court lacks jurisdiction to consider the appeal.


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