Blakeney v. Warren County
| Docket Number: | 2006-CA-01889-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-29-2008 Opinion Author: GRIFFIS, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Injunction - Service of process - Personal jurisdiction Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Dissenting Author : IRVING, J., without separate written opinion. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 10-03-2006 Appealed from: WARREN COUNTY CIRCUIT COURT Judge: Frank G. Vollor Disposition: COUNTY, WITH NOTICE, MAY INSPECT APPELLANTS’ LAND TO DETERMINE IF APPELLANTS ARE IN COMPLIANCE WITH COUNTY REGULATIONS AND ORDINANCES. Case Number: 06,0185-CI |
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| Party Name: | Attorney Name: | |||
| Appellant: | KENNETH D. BLAKENEY, ROSE C. BLAKENEY AND ISSAQUENA AND WARREN COUNTIES LAND COMPANY, LLC |
MARK D. HERBERT,
LISA ANDERSON REPPETO |
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| Appellee: | WARREN COUNTY, MISSISSIPPI | PAUL EVANS WINFIELD |
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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: | Injunction - Service of process - Personal jurisdiction |
| Summary of the Facts: | Warren County filed a complaint for temporary and permanent injunctive relief to allow its surveyor to enter lands owned by the Blakeneys in order to determine whether the Blakeneys were in violation of the county flood plain ordinance. The injunction was granted by the circuit court. The Blakeneys appeal. |
| Summary of Opinion Analysis: | The Blakeneys argue that their motion to dismiss should have been granted because they were never served process and because the county’s complaint failed to state a cause of action. The record shows that summons was issued; however, the court file contained no return of service. In order for a judgment of a court to be valid, the court must have personal jurisdiction over the parties to the action. The existence of personal jurisdiction, in turn, depends upon the presence of reasonable notice to the defendant that an action has been brought. Absent some proof of defendant’s receipt of summons, the reasonableness of notice is questionable. It was the county’s burden to show that the Blakeneys had been served with process. However, the county made no attempt to do so. Because the Blakeneys were not properly served, the circuit court did not have personal jurisdiction over the defendants. |
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