Pruett v. Malone

Docket Number:	1998-IA-01943-SCT

Supreme Court:	Opinion Date: 06-22-2000 Opinion Author: COBB, JUSTICE Holding: Reversed and Rendered

Additional Case Information:	Judge(s) Concurring: PRATHER, C.J., PITTMAN AND BANKS, P.JJ., SMITH, MILLS AND WALLER, JJ. Non Participating Judge(s): DIAZ, J. Concurs in Result Only: McRAE, J. Procedural History: Dismissal Nature of the Case: Med Mal

Trial Court:	Date of Trial Judgment: 12-23-1996 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: Pruett's attorney submitted an Order Denying Motion to Reconsider which the trial judge signed on November 20, 1997. This was a one-sentence order which stated only that the court had heard and considered the motion and found it was not well taken and therefore denied. Malone did not file an appeal from this adverse ruling by the trial judge. Eight months later, however, she filed a Second Motion to Reconsider, citing M.R.C.P. 60(b)(6) as her authority for doing so. Her motion challenged the original judgment of the court entered in December 1996, but not the order which denied the first motion for rehearing. Again, there was no record made of the hearing. On August 28, 1998, again with a one- sentence order, the trial judge stated only that he considered the second motion to reconsider, and heard argument of counsel, and found that the motion should be granted and the matter reinstated on the active docket.

	Party Name:	Attorney Name:
Appellant:	J. BRUCE PRUETT, M.D.	ROBERT D. GHOLSON CRAIG NEWMAN ORR

Appellee:	MARILYN MALONE	LESTER CLARK, JR.

Mississippi College School of Law