Pratt v. Sessums
| Docket Number: | 2006-CA-00891-SCT Linked Case(s): 2006-CA-00891-SCT ; 2006-CA-00891-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 05-22-2008 Opinion Author: Dickinson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Attorney’s fees - Deficiencies in record - M.R.A.P. 10(b)(5) Judge(s) Concurring: Smith, C.J., Diaz, P.J., Easley, Carlson, Randolph and Lamar, JJ. Non Participating Judge(s): Waller, P.J. Concurs in Result Only: Graves, J. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 03-24-2006 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: Larry O. Lewis Disposition: The trial court awarded attorneys' fees to Sessums. Case Number: CI2003-0260 |
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| Party Name: | Attorney Name: | |||
| Appellant: | TONY PRATT |
JOHN M. MOONEY |
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| Appellee: | SYLVIA DEES SESSUMS | J. MURRAY AKERS |
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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: | Attorney’s fees - Deficiencies in record - M.R.A.P. 10(b)(5) |
| Summary of the Facts: | Sylvia Sessums brought suit against Tony Pratt seeking to overturn the results of the election for Washington County District Three Constable. The trial court granted Sessums’ motion for summary judgment but delayed consideration of Sessums’ motion for costs and fees under the Mississippi Litigation Accountability Act until the summary judgment matter was addressed on appeal. After the case was affirmed on appeal, the trial court held that Pratt had no good reason for his failure to admit Sessums’ requests, and ordered Pratt and his counsel to pay Sessums almost $18,000 in attorneys’ fees and expenses. Pratt appeals. |
| Summary of Opinion Analysis: | Upon receipt of the appeal, the Supreme Court noted several deficiencies in the record, including the parties’ failure to certify their review of the record as required by M.R.A.P. 10(b)(5). The Court noted that Sessums’ request for admissions, the focus of the trial court’s order, was filed December 9, 2003, and Pratt’s response to Sessums’ request for admissions was filed December 19, 2003. Despite the fact that the trial court’s award of sanctions centered around these documents, neither was included in the appellate record. The Court issued a show-cause order requiring both parties to provide all documents necessary to decide the appeal. Both parties claimed there were no deficiencies. However, the Court was not provided the Complaint, Answer, Requests for Admission, or Response to Requests for Admission without which the Court cannot determine whether Pratt’s denial of Sessums’ requests for admission was improper. Thus, the judgment of the trial court must be affirmed. |
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