Hinds County Bd. of Supervisors, et al. v. Abnie
| Docket Number: | 2005-IA-00185-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 07-27-2006 Opinion Author: RANDOLPH, J. Holding: AFFIRMED AND REMANDED |
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| Additional Case Information: |
Topic: Refund of filing fees - Sections 25-7-1 and 25-7-13 Judge(s) Concurring: SMITH, C.J., WALLER AND COBB, P.JJ., DIAZ, EASLEY, CARLSON AND DICKINSON, JJ. Non Participating Judge(s): GRAVES, J. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 01-06-2005 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: Court issued an Order which required the refund of the filing fees to Appellee Case Number: 251-02-1834CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | HINDS COUNTY BOARD OF SUPERVISORS AND
HINDS COUNTY CIRCUIT CLERK |
E. CHARLENE STIMLEY PRIESTER |
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| Appellee: | LILLY M. ABNIE | STEPHEN W. MULLINS |
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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: | Refund of filing fees - Sections 25-7-1 and 25-7-13 |
| Summary of the Facts: | In 2002, 710 plaintiffs, Lilly Abnie, et al., filed a consolidated action against Morton International, Inc., et al., in the Hinds County Circuit Court. Pursuant to a directive by the Hinds County Circuit Clerk, each individual plaintiff was required to pay a $75.00 filing fee, totaling $53,250.00. Plaintiffs were also assessed administrative costs in the amount $14,200.00. Thus, a total of $67,450.00 was paid to the Circuit Clerk. After removal to and remand by the United States District Court, Southern District of Mississippi, a Motion to Transfer Venue to Jackson County was granted and filed on March 10, 2004. As a result of the transfer, plaintiffs were required to pay an additional $41,325.00 in filing fees to the Jackson County Circuit Clerk, albeit with assurance they would be reimbursed by the Jackson County Circuit Clerk when the filing fees from Hinds County were transferred. On June 1, 2004, the Hinds County Circuit Court ordered, “the filing fees of $67,450, less statutorily permitted administrative fees, if any, paid to the office of the Hinds County Circuit Clerk shall be transferred to the Circuit Court of Jackson County as soon as practicable.” The Circuit Court further ordered that “to the extent that the filing fees of $67,450 comprised excess fees that were paid into the Hinds County General Fund at the end of 2002, the Circuit Clerk of Hinds County and the Hinds County Board of Supervisors shall forthwith transfer filing fees paid in the herein case to the office of the Jackson County Circuit Clerk, as soon as practicable.” Plaintiffs furnished a copy of the transferring Order to the Circuit Clerk and the Hinds County Board of Supervisors. Neither the Board, nor the Circuit Clerk complied with the Order. Twenty-one days later, the plaintiffs sent a second demand to the Board and the Circuit Clerk seeking compliance with the Order and transfer of the money. When the Board and the Circuit Clerk failed to comply with the order, the plaintiffs filed a Motion to Show Cause and for Contempt. The Board filed a Motion to Set Aside and/or to Clarify Order Transferring Plaintiffs’ Filing Fee to the Transferee Circuit Clerk of Jackson County. The Motion to Set Aside was denied, and the circuit court ordered the Circuit Clerk and the Board to refund filing fees in the amount of $53,250.00 to counsel for the plaintiffs by December 31, 2004. The Board and the Circuit Clerk filed a Notice of Appeal and further filed a Motion to Stay Order Requiring Refund of Filing Fees, Contempt Ruling, and Sanctions pending the outcome of their appeal. The court granted the Motion to Stay, and the Supreme Court granted an interlocutory appeal. |
| Summary of Opinion Analysis: | The Board and the Circuit Clerk argue the Circuit Court’s Order requiring a refund of filing fees was issued in response to the Supreme Court’s 2003 En Banc Order, which prohibited the Fifth Circuit District’s clerks from charging multiple filing fees. The Board and the Circuit Clerk argue the 2003 Order should not apply to them, as this case was filed approximately two years before the Supreme Court issued the Order. As succinctly stated by the Supreme Court’s Order of September 4, 2003, the Legislature established the statutory fees allowed to be charged by clerks, and no more. Thus, the Circuit Clerk was not at liberty to assess and collect administrative costs and separate filing fees for each plaintiff, as it was contrary to state law, specifically sections 25-7-1 and 25-7-13. The Supreme Court, in its 2003 Order, did not change or modify the existing law, which had long been established by the Legislature. Accordingly, the request of the Board to apply the 2003 Order prospectively is denied. |
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