Britton v. American Legion Post 058
| Docket Number: | 2007-CA-01293-COA Linked Case(s): 2007-CA-01293-SCT ; 2007-CA-01293-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-18-2008 Opinion Author: CARLTON, J. Holding: Appeal Dismissed |
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| Additional Case Information: |
Topic: Contract - Motion for summary judgment - M.R.A.P. 5 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, and Roberts, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 06-25-2007 Appealed from: Hancock County Chancery Court Judge: Jim Persons Disposition: MOTION FOR SUMMARY JUDGMENT IN FAVOR OF APPELLANT DENIED AND JUDGMENT ENTERED IN FAVOR OF APPELLEES Case Number: C2301-05-821(1) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JAMES BRITTON |
ALFRED ZACHARIAH BUTTERWORTH,
GARY MCKAY YARBOROUGH |
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| Appellee: | AMERICAN LEGION POST 058, POST 058 FIRE PROTECTION DISTRICT OF HANCOCK COUNTY, MISSISSIPPI, JOHN DOES 1, 2, & 3, AND X, Y, Z CORPORATIONS | MICHAEL D. HAAS, ALBERT JOHN GARDNER |
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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 - Motion for summary judgment - M.R.A.P. 5 |
| Summary of the Facts: | James Britton, his wife Jonnie Britton, and Billy Anderson signed a lease agreement in favor of American Legion Post 58 for the purpose of establishing an auxiliary volunteer fire station. The Brittons owned the property subject to the lease. Anderson believed at the time of the lease that he owned a portion of the driveway; however, Britton’s complaint alleges that Anderson owned none of the subject property Britton and Anderson were both members of Post 58. No other member of Post 58 signed the lease on behalf of Post 58. Post 58 erected a building to house the trucks needed to operate as a fire department. Post 58 subsequently leased the property to Post 58 Volunteer Fire Department for a period of ten years, with an option to renew, for the cost of maintaining insurance on the buildings annually. Years later, Britton filed a complaint to cancel the original lease agreement. Before trial began, Britton filed a motion for summary judgment claiming that because Post 58 was not a legal entity, and because no representative for Post 58 actually signed the lease, the lease should be declared null and void. The trial commenced, with no ruling from the chancellor regarding the summary judgment motion. Before the trial concluded, the chancellor ruled that Britton add the fire protection district as a necessary party. Britton amended his complaint and his motion for summary judgment to add the fire protection district as a defendant. The trial resumed, still with no ruling from the chancellor on Britton’s motion for summary judgment. After a trial on the merits, the chancellor found no material breach of the lease contract and ruled in favor of the defendants. Britton filed a motion for clarification of the chancellor’s ruling, specifically requesting that the chancellor rule on Britton’s motion for summary judgment. The chancellor found that Britton had not met his burden of showing a material breach of the terms of the lease and specifically denied his earlier motion for summary judgment. Britton appeals. |
| Summary of Opinion Analysis: | Britton argues that the chancellor erred in denying his motion for summary judgment. Because Britton did not seek an interlocutory appeal under M.R.A.P. 5 and because the chancellor ruled against him after trial, the issue of Britton’s motion for summary judgment is moot. Once trial begins, summary judgment motions effectively become moot. |
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