Powell v. Clay County Bd. Of Supervisors
| Docket Number: | 2003-CA-01663-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 09-23-2004 Opinion Author: Easley, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Wrongful death - Reconsideration order - M.R.C.P. 60(b) Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 07-15-2003 Appealed from: Clay County Circuit Court Judge: James T. Kitchens, Jr. Case Number: 98-0005 |
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| Note: | Appeal dismissed sua sponte. | |
| Party Name: | Attorney Name: | |||
| Appellant: | GEORGE POWELL, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
LORENZO POWELL |
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| Appellee: | CLAY COUNTY BOARD OF SUPERVISORS; LADDIE HUFFMAN IN HIS OFFICIAL CAPACITY AS SHERIFF OF CLAY COUNTY, MISSISSIPPI; AND CARL PIERCE |
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| Topic: | Wrongful death - Reconsideration order - M.R.C.P. 60(b) |
| Summary of the Facts: | George Powell, Personal Representative of the Estate of Lorenzo Powell, filed a wrongful death action against the Clay County Board of Supervisors, Laddie Huffman, in his official capacity as Sheriff of Clay County, Carl Pierce and the Mississippi Department of Corrections. All defendants filed motions for summary judgment. The judge granted summary judgment. The judge executed a judgment of dismissal with prejudice as to the MDOC. Powell filed his notice of appeal, appealing the grant of summary judgment to Clay County, the Sheriff, Pierce and the MDOC, as well as the judgment of dismissal as to MDOC. Powell later filed a motion for rehearing in the circuit court. The court granted the motion finding that M.R.C.P. 60 (b) allowed the court to reconsider its decision and directing the parties to refile their briefs. The Supreme Court executed an order finding that Powell's appeal should be dismissed as no final appealable judgment existed in this matter. Clay County sought to reinstate Powell's appeal, but the Supreme Court denied the request. When the circuit judge retired, the new circuit judge ordered that the original judge’s reconsideration order be dismissed and the original order of summary judgment be reinstated. Powell appeals. |
| Summary of Opinion Analysis: | The circuit court erred in dismissing the order granting reconsideration and reinstating the original order of summary judgment. The circuit court’s order does not reference M.R.C.P.60 (b) which infers concurrent limited jurisdiction nor the Supreme Court's order dismissing the appeal. |
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