Prepaid Legal Serv., Inc., et al. v. Taylor, et al.
| Docket Number: | 2003-CA-00808-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 12-09-2004 Opinion Author: Randolph, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Contract - Reopening time for appeal - M.R.A.P. 4(h) Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Concurs in Result Only: Graves, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 04-08-2003 Appealed from: Claiborne County Circuit Court Judge: Lamar Pickard Disposition: Trial court granted summary judgment Case Number: 2002-102 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Prepaid Legal Services, Inc., Harland C. Stonecipher, Brooks Werkheiser, Dyre Law Firm, PLLC and Arnold D. Dyre |
RICHARD L. JONES
ROBERT L. GIBBS
ANDREA LA’VERNE FORD EDNEY
TESELYN AFRIQUE FUNCHES
BRIAN CRAIG KIMBALL
JOHN B. CLARK
SIMINE B. REED |
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| Appellee: | Malcom Taylor, et al. | J. BRAD PIGOTT J. DOUGLAS MINOR, JR. |
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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 - Reopening time for appeal - M.R.A.P. 4(h) |
| Summary of the Facts: | Malcolm Taylor and 26 other plaintiffs sued Pre-Paid Legal Services, Inc., Harlan C. Stonecipher, Brooks Werkheiser, Dyre Law Firm, PLLC, and Arnold D. Dyre, for alleged misconduct including, but not limited to, deceptive trade practices, conspiracy, fraud and negligence. Taylor also sought a declaratory judgment stating that they were under no contractual obligation to submit any of the claims against any of the defendants to arbitration. Taylor filed a motion for partial summary judgment as to absence of any applicable arbitration clause. The court granted the motion for partial summary judgment and issued a judgment by which the court made it clear that the ruling on Taylor’s motion was final. The first notice to the defendants that this judgment had been entered was when they received a copy of a motion to supplement. Pre-Paid Legal Services, Inc. and Werkheiser moved to reopen the time for filing a notice of appeal under M.R.A.P. 4(h). The Dyre Law Firm and Arnold D. Dyre joined Pre-Paid’s motion. The court denied the motion, and the defendants appeal. |
| Summary of Opinion Analysis: | The defendants argue that the court violated M.R.A.P. 4(h) by refusing to reopen the time for filing a notice of appeal when presented with affidavits from defendants’ counsel demonstrating that they did not receive timely notice of entry of the order and judgment from which they sought to appeal. The recent decision in Pre-Paid Legal Servs., Inc. v. Anderson, 873 So. 2d 1008 (Miss. 2004), controls the disposition of this issue. In that case, the Court held that because defendants provided a specific factual denial of the receipt of the notice, the presumption of the receipt of notice was rebutted and destroyed. Here, Pre-Paid and Dyre provided a specific factual denial of the receipt of notice, thereby rebutting and destroying the presumption of notice. |
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