Rosson v. McFarland
| Docket Number: | 2004-CA-00078-SCT Linked Case(s): 2004-CA-00078-SCT2004-CA-00078-SCT2004-CA-00078-SCT2004-CA-00078-SCT |
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| Oral Argument: | 12-12-2005 | |
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| Supreme Court: | Opinion Link Opinion Date: 05-18-2006 Opinion Author: RANDOLPH, J. Holding: ON BOTH DIRECT APPEAL AND CROSS-APPEAL: DISMISS |
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| Additional Case Information: |
Topic: Contract - Jurisdiction Judge(s) Concurring: SMITH, C.J., WALLER AND COBB, P.JJ., CARLSON AND DICKINSON, JJ. Judge(s) Concurring Separately: EASLEY, J. CONCURS IN PART WITHOUT SEPARATE WRITTE Non Participating Judge(s): DIAZ, J. Concur in Part, Dissent in Part 1: Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion Concurs in Result Only: GRAVES, J. Procedural History: Jury Trial Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 09-30-2003 Appealed from: Hancock County Circuit Court Judge: Stephen Simpson Disposition: Jury returned verdict against Rosson individually Case Number: 99-0205 |
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| Party Name: | Attorney Name: | |||
| Appellant: | JULIE ROSSON |
JOE SAM OWEN, SAM STARNES THOMAS |
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| Appellee: | DR. MARK McFARLAND | S. CHRISTOPHER FARRIS |
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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 - Jurisdiction |
| Summary of the Facts: | Dr. Mark McFarland filed a complaint against Acadian Bay Development, Inc. and Julie Rosson, individually, alleging they breached their contractual obligations and negligently failed to construct his home in a fit and workmanlike manner and that they made false statements to induce him to enter into the contract to build his home, the plans for which he received from Southern Living magazine. McFarland amended his complaint a couple of times in order to add additional defendants. During trial, Southern Living settled for $100,000. The jury returned a verdict against Rosson, individually, for $325,000, but he was given credit for the Southern Living settlement, and three days later, a judgment was entered against him for $225,000. The Order styled Final Judgment did not reference the remaining defendants, Acadian Bay and Julie Rosson Builder, Inc., nor was the judgment entered by the trial court certified as final under M.R.C.P. 54(b). Rosson appeals, and McFarland cross-appeals as to Rosson. |
| Summary of Opinion Analysis: | The Court lacks jurisdiction, because in the absence of all parties, all claims or the rights and liabilities of all parties to the proceedings cannot be adjudicated. Pursuant to section 11-51-3, the Court’s jurisdiction is proper only from a final judgment. |
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