Sumner v. City of Como Democratic Executive Comm.
| Docket Number: | 2006-EC-02096-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 01-17-2008 Opinion Author: RANDOLPH, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Election contest - Cost bond - Section 23-15-927 Judge(s) Concurring: WALLER AND DIAZ, P.JJ., EASLEY, CARLSON, DICKINSON AND LAMAR, JJ., Non Participating Judge(s): SMITH, C.J. Dissenting Author : GRAVES, J., without separate written opinion. Procedural History: Bench Trial; Dismissal Nature of the Case: CIVIL - ELECTION CONTEST |
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| Trial Court: |
Date of Trial Judgment: 11-02-2006 Appealed from: PANOLA COUNTY CIRCUIT COURT Judge: Sharion R. Aycock Disposition: Judy Sumner’s Petition for Judicial Review of Primary Runoff Election for Mayor, City of Como was dismissed for lack of subject matter jurisdiction, based upon an alleged failure to comply strictly with the cost-bond provision of Mississippi Code Annotated Section 23-15-927 (Rev. 2007). Case Number: CV 2005-73BP |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Judy Sumner |
STEVEN W. PITTMAN,
GERALD W. CHATHAM |
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| Appellee: | City of Como, Mississippi; Democrac Executive Committee; Mayor Azria Lewers | ELLIS TURNAGE, SANFORD E. KNOTT | ||
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| Topic: | Election contest - Cost bond - Section 23-15-927 |
| Summary of the Facts: | A runoff election for the Democratic nomination for Mayor of the City of Como was held between Judy Sumner and Azria Lewers. Thereafter, the Como Democratic Executive Committee met to canvass the votes and certified Lewers as the winner. The CDEC declared that Lewers had received 310 votes and Sumner had received 302 votes. Sumner submitted a formal protest to the CDEC contesting the election results. That same day, Sumner gave written notice to the Como Municipal Court Clerk, requesting a full examination of the mayor’s election ballot box and its contents. The CDEC denied Sumner relief. Sumner filed a petition for judicial review, naming CDEC as the only defendant. Along with the petition, Sumner provided a cost bond consisting of $300 cash. At the hearing, the CDEC advanced an ore tenus motion to dismiss for lack of subject matter jurisdiction, based upon Sumner’s alleged failure to comply with the cost-bond provisions of section 23-15-927. The circuit court granted the motion to dismiss. Sumner appeals. |
| Summary of Opinion Analysis: | Sumner provided a cost bond consisting of $300 cash at the time she filed her petition for judicial review, without naming two or more sufficient sureties conditioned to pay all costs in case her petition be dismissed as required by section 23-15-927. The cost-bond provision is jurisdictional as was found by the circuit court. However, the cost bond provided by Sumner was sufficient and satisfies the jurisdictional requirement of the statute. By paying cash, Sumner completed the undertaking, thus no surety or guarantor was required to promise performance of that which already had been accomplished. |
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