Busby v. Anderson
| Docket Number: | 2003-CT-02699-SCT Linked Case(s): 2003-CA-02699-COA ; 2003-CA-02699-COA ; 2003-CT-02699-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 04-03-2008 Opinion Author: Smith, C.J. Holding: THE JUDGMENT OF THE COURT OF APPEALS IS REVERSED AND THIS APPEAL IS DISMISSED |
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| Additional Case Information: |
Topic: Personal injury - Timeliness of appeal - M.R.A.P. 4(a) & (g) - Good cause - M.R.A.P. 15 Judge(s) Concurring: Waller, P.J., Carlson, Dickinson, Randolph and Lamar, JJ. Dissenting Author : Diaz, P.J., with separate written opinion. Dissent Joined By : Graves, J.; Easley, J., Joins this Opinion in Part. Procedural History: Jury Trial Nature of the Case: CIVIL - PERSONAL INJURY Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 04-18-2000 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: Margaret Carey-McCray Disposition: Marilyn Busby (Marilyn) sued William Burnley (William) in the Washington County Circuit Court, alleging that William’s negligence caused an accident resulting in injuries and damages to Marilyn. A jury trial resulted in a verdict in favor of William. Marilyn appealed to this Court, and we assigned the case to the Court of Appeals, which reversed and remanded for a new trial. Case Number: 94-13,088(H)(W) |
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| Note: | This judgment reverses the decision of the Court of Appeals and dismisses the appeal because the notice of appeal was not timely filed and the COA lacked jurisdiction. The original decision by the COA may be found at: http://www.mssc.state.ms.us/Images/Opinions/CO36546.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MARILYN BUSBY |
RICHARD L. KIMMEL,
CHARLES CAMERON AUERSWALD |
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| Appellee: | PATRICIA ANDERSON, EXECUTRIX OF THE ESTATE OF WILLIAM BURNLEY, DECEASED | ROY A. SMITH, JR., TARA STRICKLAND CLIFFORD | ||
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| Topic: | Personal injury - Timeliness of appeal - M.R.A.P. 4(a) & (g) - Good cause - M.R.A.P. 15 |
| Summary of the Facts: | Marilyn Busby sued William Burnley, alleging that William’s negligence caused an accident resulting in injuries and damages to Marilyn. A jury trial resulted in a verdict in favor of William. Marilyn appealed, and the Court of Appeals reversed and remanded for a new trial. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | M.R.A.P. 4(a) requires the notice of appeal to be filed with the clerk of the trial court within thirty days after the date of entry of the judgment or order being appealed. M.R.A.P. 4(g) allows the trial court to extend the time for filing a notice of appeal upon a timely motion, where good cause is shown. This case has been pending in the Mississippi judicial system for more than thirteen years, since Marilyn filed her complaint on June 3, 1994. In 2000, a jury returned a verdict for William. Upon the circuit court’s entry of judgment, denying Marilyn’s post-judgment motions, Marilyn had thirty days in which to file a notice of appeal. Marilyn stated that she received notice of the adverse judgment on September 8. At that time Marilyn had thirteen days in which to file a notice of appeal, yet she failed to do so. While Marilyn timely filed a motion for an extension of time to file a notice of appeal, the circuit court neither granted nor denied this motion, until prompted by the Court of Appeals. Marilyn had a duty to diligently pursue her claim, yet she failed to seek a writ of mandamus as provided by M.R.A.P. 15, following the circuit court’s delay in ruling on her post-judgment motions. Next, Marilyn failed to file her notice of appeal within the thirty-day period prescribed by Rule 4(a). Finally, Marilyn failed to timely follow up on her motion for an extension of time to file a notice of appeal. These facts do not warrant suspension of Rule 4(a). |
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