Guinn v. G.T. Wilkerson and Blackburn Motor Co.
| Docket Number: | 2005-CP-01779-COA Linked Case(s): 2005-CP-01779-COA ; 2005-CT-01779-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-07-2006 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Contract - Relief from judgment - M.R.C.P. 60(b)(6) Judge(s) Concurring: KING, C.J., LEE, P.J., SOUTHWICK, IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 08-23-2005 Appealed from: WARREN COUNTY CIRCUIT COURT Judge: Frank G. Vollor Disposition: GRANT OF APPELLEES’ MOTION TO DISMISS AS FRIVOLOUS UNDER M.R.C.P. 12(b)(6) AND 11, AND DENIAL OF APPELLANT’S MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO M.R.C.P. 60(b)(6). Case Number: 05,0195-CI |
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| Party Name: | Attorney Name: | |||
| Appellant: | TERRANCE GUINN |
TERRANCE GUINN (PRO SE) |
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| Appellee: | G.T. WILKERSON AND BLACKBURN MOTOR COMPANY, INC. | B. BLAKE TELLER |
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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: | Contract - Relief from judgment - M.R.C.P. 60(b)(6) |
| Summary of the Facts: | Terrance Guinn filed a complaint against Blackburn Motor Company, Inc., and G. T. Wilkerson for breach of contract. Blackburn and Wilkerson filed a joint motion to dismiss and counterclaimed for sanctions under Rule 11, as well as attorney’s fees, economic loss, and punitive damages. Guinn filed a motion for summary judgment. Guinn’s motions for judgment on the pleadings and summary judgment were denied and the court granted a dismissal in favor of Blackburn and Wilkerson. Finding Guinn’s claim to be frivolous, the trial judge assessed Rule 11 sanctions and awarded Blackburn and Wilkerson $1,607.15 in attorney’s fees. Guinn appeals. |
| Summary of Opinion Analysis: | Guinn argues that his absence from the hearing on the parties’ motions due to incarceration was through no fault of his own and should be considered an extraordinary circumstance that prevented him from protecting his legal interests and that such circumstances warrant relief under M.R.C.P. 60(b)(6). Before a Rule 60(b)(6) motion may be granted, the court must determine whether the movant's basis for requesting relief is legitimate, whether the movant has a colorable defense to the merits of the adjudged case, and whether the non-movant will be unduly prejudiced if the motion is granted. Guinn’s claim is for breach of contract. Guinn fails to show either that Blackburn and Wilkerson had a duty to release a vehicle to him prior to a tender of payment or that he has suffered any financial loss by their refusal. Guinn does not assert that he has ever tendered payment for this vehicle, and therefore, he has no legitimate basis for requesting relief. Guinn is the one who noticed the hearing for July 25, 2005. He then failed to seek a continuance when it became evident that he would remain incarcerated on that date. A litigant cannot escape a final judgment based on his own failure to pursue available procedural remedies. Also, Guinn suffered no prejudice by his absence because the judgment was made on the pleadings. Finally, Blackburn and Wilkerson would be unduly prejudiced if Guinn’s Rule 60(b)(6) motion were granted, since Guinn’s complaint is absolutely frivolous. |
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