Wansley v. Speed Corp., et al.
| Docket Number: | 2003-CA-01682-SCT Linked Case(s): 2003-CA-01682-SCT ; 2003-CA-01682-SCT ; 2003-CA-01682 |
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| Supreme Court: | Opinion Link Opinion Date: 03-24-2005 Opinion Author: Dickinson, J. Holding: Appeal dismissed |
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| Additional Case Information: |
Topic: Personal injury - Appeal of denial of motion for M.R.C.P. 54(b) certification Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ., Non Participating Judge(s): Diaz, J. Dissenting Author : Graves, J., Easley, J., Procedural History: Bench Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 08-28-2002 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: trial judge’s denial of a M.R.C.P. 54(b) motion to certify as final a judgment dismissing two of the four defendants in a personal injury suit. Case Number: 251-98-1259CIV |
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| Note: | Yamaha Motor Corporation, U.S.A.'s Motion to Strike Issues on Appeal is dismissed as moot. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Ed Wansley and Jerleane Wansley |
DAWN LAVERNE STOUGH, PRECIOUS TYRONE MARTIN |
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| Appellee: | Speed Corporation d/b/a North Jackson Honda/Yamaha, Incorporated and Yamaha Motor Corporation, U.S.A. | WALKER REECE GIBSON, MONTE L. BARTON, JR., ROBERT A. MILLER, ANN BOWDEN-HOLLIS, MEADE W. MITCHELL |
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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: | Personal injury - Appeal of denial of motion for M.R.C.P. 54(b) certification |
| Summary of the Facts: | Ed Wansley and his wife, Jerleane Wansley, filed suit against four defendants, two of which were Speed Corporation d/b/a North Jackson Honda/Yamaha, Inc. and Yamaha Motor Corporation, U.S.A. The court granted summary judgment in favor of North Jackson Honda/Yamaha and Yamaha Motor Corporation. Even though the summary judgments complied in every respect with the requirements of M.R.C.P. 54(b) and were therefore final judgments, the Wansleys failed to file a notice of appeal within the thirty days allowed by M.R.A.P. 4. Instead, they requested certification under M.R.A.P. 5 for an interlocutory appeal of the summary judgments. Their petition was denied. The Wansleys then filed a Motion to Certify Order as Final Judgment, claiming that the judgments were not final judgments pursuant to M.R.C.P. 54(b). The court denied the motion as moot. The Wansleys have appealed the denial of a Rule 54(b) motion. |
| Summary of Opinion Analysis: | Although not previously addressed, the denial of a motion for Rule 54(b) certification may not be appealed. |
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