Jackson State Univ., et al. v. Upsilon Epsilon Chapter of Omega Psi Phi Fraternity, Inc., et al.
| Docket Number: | 2005-IA-02020-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 03-22-2007 Opinion Author: WALLER, P.J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Jurisdiction of circuit court - Section 11-51-95 Judge(s) Concurring: SMITH, C.J., COBB, P.J., DIAZ, EASLEY, CARLSON, DICKINSON AND RANDOLPH, JJ. Non Participating Judge(s): GRAVES, J. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 10-12-2005 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: Court granted injunctive relief in favor of Appellees Case Number: 251-05-951 |
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| Party Name: | Attorney Name: | |||
| Appellant: | JACKSON STATE UNIVERSITY;
BOARD OF TRUSTEES OF STATE
INSTITUTIONS OF HIGHER LEARNING;
RICHARD A. CROFTS,
INTERIM COMMISSIONER
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RICKY LEE BOGGAN
ALAN M. PURDIE |
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| Appellee: | UPSILON EPSILON CHAPTER OF OMEGA PSI PHI FRATERNITY, INC., KENNETH HAIR, BASILEUS, AND INDIVIDUALLY, AND ANTHONY HALES, INDIVIDUALLY | THOMAS W. POWELL |
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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: | Jurisdiction of circuit court - Section 11-51-95 |
| Summary of the Facts: | After tackling another student at Jackson State University who was wielding a firearm, Kenneth Hair and Anthony Hales were found guilty of disorderly conduct and were suspended from attending JSU. The fraternity to which they belonged, Omega Psi Phi, was also cited for disorderly conduct. Hair, Hales and Omega Psi Phi appealed to the appeals committee, which affirmed. They then filed a “Complaint and Motion for a Temporary Restraining Order, for a Preliminary and Permanent Injunction, and for Other Relief” in circuit court. After a hearing, the circuit court granted injunctive relief based on the parties’ allegations of denial of due process. Jackson State University, the Board of Trustees of State Institutions of Higher Learning, and Richard Crofts, Interim Commissioner, were granted leave to file this interlocutory appeal. |
| Summary of Opinion Analysis: | The case of Smith v. The University of Mississippi, 797 So. 2d 956 (Miss. 2001) is dispositive. Because Omega Psi Phi, Hair and Hayes failed to strictly comply with section 11-51-95 by failing to file a petition for writ of certiorari and to post a bond with security, the circuit court did not have jurisdiction to hear the appellees’ motion for a temporary restraining order, for a preliminary and permanent injunction, and for other relief. |
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