Melton v. Lawrence County Sheriff's Dep't


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Docket Number: 2008-CA-01602-COA

Court of Appeals: Opinion Link
Opinion Date: 11-03-2009
Opinion Author: BARNES, J.
Holding: APPEAL DISMISSED

Additional Case Information: Topic: Personal injury - Interlocutory order - M.R.C.P. 54(b)
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ.
Procedural History: Summary Judgment
Nature of the Case: CIVIL - PERSONAL INJURY

Trial Court: Date of Trial Judgment: 08-29-2008
Appealed from: Lawrence County Circuit Court
Judge: Prentiss Harrell
Disposition: MOTION FOR SUMMARY JUDGMENT GRANTED
Case Number: 2007-086H

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: AARON CRAIG MELTON




RICHARDSON AYRES HAXTON



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: LAWRENCE COUNTY SHERIFF’S DEPARTMENT J. LAWSON HESTER, JACQUELINE H. RAY  

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    Topic: Personal injury - Interlocutory order - M.R.C.P. 54(b)

    Summary of the Facts: Craig Melton filed a complaint, alleging that the Lawrence County Sheriff’s Department and Patsy Smith had engaged in false arrest, false imprisonment, and intentional infliction of emotional distress against him. A fourth charge of malicious prosecution was brought against only Smith. The sheriff’s department filed a motion for summary judgment which the circuit judge granted. Melton appeals.

    Summary of Opinion Analysis: There are two named defendants in this case: the sheriff’s department and Smith. Smith has appeared in these proceedings and is represented by separate counsel. The motion for summary judgment was raised solely by the sheriff’s department, and the action against Smith is still pending before the circuit court. The summary judgment order applies exclusively to the sheriff’s department and does not state an expressed determination that there is no just reason for delay as required by M.R.C.P. 54(b). Thus, the order is interlocutory and not appealable.


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