Bowen v. DeSoto County Bd. of Supervisors
| Docket Number: | 2001-CT-00533-SCT Linked Case(s): 2001-CA-00533-COA ; 2001-CT-00533-SCT ; 2001-CT-00533-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 08-07-2003 Opinion Author: Pittman, C.J. Holding: COURT OF APPEALS’ JUDGMENT AFFIRMED |
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| Additional Case Information: |
Topic: Jurisdiction - Bill of exceptions Judge(s) Concurring: McRae and Smith, P.JJ., Waller, Cobb, Carlson and Graves, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Easley, J. Procedural History: Admin / Agency Judgment Nature of the Case: CIVIL - OTHER Writ of Certiorari: Granted |
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| Trial Court: |
Date of Trial Judgment: 09-28-2000 Appealed from: DeSoto County Circuit Court Judge: Andrew C. Baker Disposition: MOTION TO DISMISS GRANTED DUE TO LACK OF JURISDICTION. Case Number: CV2000-0080B/D |
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| Note: | The original Court of Appeals opinion can be found at http://courts.ms.gov/Images/Opinions/Conv12106.pdf . | |
| Party Name: | Attorney Name: | |||
| Appellant: | John Bowen |
KEITH TREADWAY |
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| Appellee: | DeSoto County Board of Supervisors | WILLIAM A. BROWN |
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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 - Bill of exceptions |
| Summary of the Facts: | The DeSoto County Board of Supervisors denied John Bowen's request for a conditional use permit under the county's zoning ordinance. Bowen filed a notice of appeal with the circuit clerk but did not file a bill of exceptions. Based on the failure to file a bill of exceptions, the Board filed a motion to dismiss the appeal for lack of jurisdiction, which the circuit court granted. Bowen appealed, and the Court of Appeals reversed and remanded. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The Board argues that a bill of exceptions is required and it must be filed within ten days. Bowen properly and timely filed a notice of appeal. That was sufficient to vest jurisdiction. The Court of Appeals' decision to reverse the circuit court’s judgment and remand this matter for the circuit court to permit Bowen a reasonable time within which to file the bill of exceptions was proper. |
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