Melton v. Lawrence County Sheriff's Dep't
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 |
|
|
Appellee: | LAWRENCE COUNTY SHERIFF’S DEPARTMENT | J. LAWSON HESTER, JACQUELINE H. RAY |
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. |
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. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court