Harvey v. Stone County Sch. Dist.
| Docket Number: | 2006-CP-01789-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-08-2008 Opinion Author: BARNES, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Void judgment - M.R.C.P. 60(b)(4) - Due process Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 09-22-2006 Appealed from: STONE COUNTY CIRCUIT COURT Judge: Stephen Simpson Disposition: DENIED RULE 60(b) MOTION TO VACATE SUMMARY JUDGMENT IN FAVOR OF STONE COUNTY SCHOOL DISTRICT Case Number: 2001-0060 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | BONNIE HARVEY |
BONNIE HARVEY (PRO SE) |
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| Appellee: | STONE COUNTY SCHOOL DISTRICT | TRACE D. MCRANEY |
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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: | Personal injury - Tort Claims Act - Void judgment - M.R.C.P. 60(b)(4) - Due process |
| Summary of the Facts: | Bonnie Harvey filed a complaint against the Stone County School District alleging that she suffered an injury to her back during cheerleading practice as a result of the school district’s negligence. The school district eventually filed a motion to dismiss for failing to provide discovery responses and for failure to prosecute. The trial court granted the school district’s motion to dismiss. Harvey appealed the dismissal, and the Court of Appeals reversed and remanded. After the case was remanded, the school district filed a motion for summary judgment based on the contention that it was immune from liability. Harvey filed a cross motion for partial summary judgment. The court granted the district’s motion, and Harvey appeals. |
| Summary of Opinion Analysis: | Harvey argues that the court’s award of summary judgment was void pursuant to M.R.C.P. 60(b)(4). A judgment is void if the court that rendered it lacked jurisdiction of the subject matter of the parties, or if it acted in a manner inconsistent with due process of law. Harvey argues that she was denied the due process of law and the circuit court was deprived of subject matter jurisdiction over this action. The Mississippi Supreme Court has stated in no uncertain terms that the circuit court is the proper court for a tort claims act case. With regard to Harvey’s due process claim, due process is satisfied where there is notice and an opportunity to be heard. The record indicates that Harvey was provided notice of and the opportunity to be heard at all of the hearings held in this case, including the one held on the summary judgment motion. Harvey, for whatever reason, simply failed to attend the hearings. Harvey did not file her motion to vacate under Rule 60(b)(4) until after her motion to proceed in forma pauperis had been denied and she had been notified that her appeal would be dismissed if she failed to pay the appeal costs. Thus, as the circuit court found, Harvey’s Rule 60(b)(4) motion was clearly an attempt to circumvent an appeal from the order of summary judgment, for which she either could not or would not pay, and was properly denied on this ground. In addition, Harvey’s assignments of error are matters appropriately dealt with on appeal, not in a Rule 60(b) motion. |
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