Superior Car Rental, Inc., et al. v. Roberts, et al.
| Docket Number: | 2001-CA-01670-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 03-25-2004 |
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| Additional Case Information: |
Topic: Statutory damages - Section 11-3-23 - Effective date of repeal Non Participating Judge(s): Diaz, J. |
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| Trial Court: |
Date of Trial Judgment: 09-18-2001 Appealed from: Hinds County Circuit Court Judge: Tomie Green Case Number: 251-98-1291 |
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| Consolidated: 2002-TS-01346 Superior Car Rental, Inc., Mike Bonfiglio and Real Cash for Titles, Inc. v. Elizabeth R. Roberts, Richard D. Roberts and Southern Automotive Products, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-98-1291-CIV; Ruling Date: 07/16/2002; Ruling Judge: Tomie Green | ||
| Note: | Appellees' Motion to Assess Statutory Damages is granted | |
| Party Name: | Attorney Name: | |||
| Appellant: | Superior Car Rental, Inc., Mike Bonfiglio and Real Cash for Titles, Inc. |
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| Appellee: | Elizabeth R. Roberts, Richard D. Roberts and Southern Automotive Products, Inc. |
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| Topic: | Statutory damages - Section 11-3-23 - Effective date of repeal |
| Summary of the Facts: | Following a jury verdict in favor of Elizabeth Roberts, Richard D. Roberts and Southern Automotive Products, Inc. the Circuit Court of the First Judicial District of Hinds County, Mississippi entered the Corrected Final Judgment, which is a money judgment in favor of Appellees and against Superior Car Rental, Inc., Mike Bonfiglio and Real Cash for Titles, Inc. The Appellants' appeal was dismissed by the Supreme Court for failure to file their brief. Appellants filed a motion to reinstate the appeal, and appellees requested that statutory damages pursuant to section 11-3-23 be assessed. The Supreme Court denied the motion and invited the parties and the Attorney General to file briefs discussing the effective date of the repeal of section 11-3-23. |
| Summary of Opinion Analysis: | During its 2002 Third Extraordinary Session, the Mississippi Legislature passed the "Civil Justice Reform Act" which states that "Sections 11-3-23 and 11-3-25, Mississippi Code of 1972, which provide for the assessment of a penalty on the appeal of certain judgments to the Supreme Court, are repealed." Prior to the repeal, section 11-3-23 provided for damages at the rate of 15% in cases where the judgment or decree of the court below was affirmed. Section 16 of the Civil Justice Reform Act states that the "act shall take effect and be in force from and after January 1, 2003, and shall apply to all causes of action filed on or after that date." Pursuant to this section, the repeal of section 11-3-23 applies to all cases commenced in a trial court on or after January 1, 2003. Cases which were filed in a trial court before January 1, 2003, are still subject to section 11-3-23. Since the current matter was commenced in the circuit court prior to January 1, 2003, the appellees' Motion to Assess Statutory Damages is granted. |
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