Gannett River States Publishing Corp., et al. v. Jackson Advocate, et al.
| Docket Number: | 2002-CA-00405-SCT Linked Case(s): 2002-CA-00405-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 07-31-2003 Opinion Author: Pittman, C.J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Contract to publish legal notices - Unqualified bid - Section 13-3-31 Judge(s) Concurring: Smith, P.J., Waller, Cobb and Carlson, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Graves, J. Dissent Joined By : McRae, P.J., and Easley, J. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 02-20-2002 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: Granted a TRO to the Appellee. Case Number: 251-02-60CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Gannett River States Publishing Corporation d/b/a The Clarion-Ledger and the City Council of Jackson, Mississippi |
LUTHER T. MUNFORD
MARK DAVID FIJMAN
CHRISTOPHER ROYCE SHAW
SHARON DIANE GIPSON
TERRY WALLACE |
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| Appellee: | Jackson Advocate and Charles Tisdale | IMHOTEP ALKEBU-LAN CHOKWE LUMUMBA |
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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 to publish legal notices - Unqualified bid - Section 13-3-31 |
| Summary of the Facts: | As the lowest bidder, Gannett Rivers States Publishing Corp. d/b/a The Clarion-Ledger was awarded the contract to publish legal notices for 2002 by the Jackson City Council. On appeal, the circuit court granted a temporary restraining order in favor of The Jackson Advocate and its publisher Charles Tisdale, the second lowest bidder. Following a hearing, the court ruled that The Clarion-Ledger submitted an unqualified bid. Gannett Rivers appeals. |
| Summary of Opinion Analysis: | The bid made by Gannett Rivers was for The Clarion-Ledger/Focus section. The “Focus” is a section included in Thursday edition of The Clarion-Ledger sold in Jackson. The court held that the “Focus” was not a section of The Clarion-Ledger and was therefore an unqualified bidder, and Gannett Rivers argues this was error. Although the court relied on section 13-3-31 in making its determination, section 13-3-31 simply defines a newspaper and provides the criteria a newspaper must satisfy in order to publish legal notices. It does not speak to the law for determining when a section of a newspaper is treated as a separate and independent newspaper. The “Focus” is an integral part of The Clarion-Ledger. There is no evidence that the “Focus” is anything other than a typical section of The Clarion-Ledger. It is not sold or distributed independently. Therefore, the court erred in ruling that the "Focus" was not a section of The Clarion-Ledger. |
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