Division of Medicaid, et al. v. Johnson
| Docket Number: | 2005-SA-00588-COA Linked Case(s): 2005-SA-00588-COA |
|
| Court of Appeals: |
Opinion Link Opinion Date: 10-10-2006 Opinion Author: KING, C.J. Holding: Reversed and Remanded with Instruction to Transfer |
|
| Additional Case Information: |
Topic: Medicaid benefits - Section 43-13-116(3)(e)(xvii) - Venue - Section 11-5-1 Judge(s) Concurring: LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
|
| Trial Court: |
Date of Trial Judgment: 03-05-2005 Appealed from: WALTHALL COUNTY CHANCERY COURT Judge: W. Hollis McGehee, II Disposition: CHANCELLOR REVERSED DECISION OF DIVISION OF MEDICAID AND AWARDED BENEFITS. Case Number: 2004-0307 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | OFFICE OF THE GOVERNOR DIVISION OF
MEDICAID, THE STATE OF MISSISSIPPI AND
WARREN A. JONES, M.D., EXECUTIVE DIRECTOR |
T. RICHARD ROBERSON, WILLIAM HARRIS MOUNGER |
||
| Appellee: | PAULINE JOHNSON | JOSEPH M. STINSON |
|
|
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. |
|
| Topic: | Medicaid benefits - Section 43-13-116(3)(e)(xvii) - Venue - Section 11-5-1 |
| Summary of the Facts: | Pauline Johnson was denied Medicaid nursing home benefits by the Mississippi Division of Medicaid. The Walthall County Chancery Court reversed Medicaid’s decision. Medicaid appeals. |
| Summary of Opinion Analysis: | Section 43-13-116(3)(e)(xvii) provides that after an unsuccessful eligibility hearing, the claimant is entitled to seek judicial review in a court of proper jurisdiction. Medicaid agreed that the Walthall County Chancery Court had jurisdiction over the matter, but disagreed as to venue. Section 11-5-1 provides that chancery court venue for all matters other than probate matters, cases involving real or personal property, or cases concerning executors, administrators, and guardians is in the chancery court of any county where the defendant, or any necessary party defendant, may reside or be found. Medicaid does not have an office in Walthall County. For cases in which the defendant is a state agency, venue is proper in Hinds County, the seat of state government. When a court has proper jurisdiction but not venue, the appropriate action is to transfer the case to a court where venue is proper. The Walthall County Chancery Court should have transferred Johnson’s appeal to the Hinds County Chancery Court. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
