Rayner v. Raytheon Co.
| Docket Number: | 2002-CP-00413-SCT Linked Case(s): 2002-CP-00413-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 10-16-2003 Opinion Author: Pittman, C.J. Holding: AFFIRMED AS MODIFIED |
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| Additional Case Information: |
Topic: Contract - Jurisdiction Judge(s) Concurring: Smith, P.J., Waller, Cobb, Carlson and Graves, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : McRae, P.J. Dissent Joined By : Easley, J. Procedural History: Dismissal Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 11-29-2001 Appealed from: Stone County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: Dismissed the cause with prejudice. Case Number: 200-0172 |
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| Note: | The motion for rehearing filed by appellant is denied. The prior per curiam affirmance is withdrawn, and this opinion is substituted therefor. Affirmed as Modified. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Drew Allen Rayner |
PRO SE |
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| Appellee: | Raytheon Company | DAVID C. GOFF PEYTON S. IRBY |
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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 - Jurisdiction |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is substituted for the prior per curiam affirmance. Representing himself, Drew Rayner sued Raytheon Company in the Circuit Court of Stone County alleging that Raytheon breached a contract in which it agreed not to withhold federal income taxes from his retirement account. Raytheon removed the case to the U.S. District Court for the Southern District of Mississippi. Rayner filed a motion to remand. The District Court dismissed the case for lack of subject matter jurisdiction and denied the motion to remand. Rayner filed an application for default judgment and petition for summary judgment in the circuit court. The court dismissed the action with prejudice. Rayner appeals. |
| Summary of Opinion Analysis: | Once removed to federal court, a case remains within the jurisdiction of the federal courts until an order is entered remanding the matter back to the state court. Because the district court denied Rayner’s motion to remand, the circuit court lacked jurisdiction to proceed further. The decision of the circuit court is modified, however, to the extent that dismissal was with prejudice, since a dismissal with prejudice connotes an adjudication on the merits. |
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