Rebuild America, Inc. v. Estate of Wright
| Docket Number: | 2009-CA-00126-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-09-2010 Opinion Author: Myers, P.J. Holding: Affirmed in part, reversed and remanded in part. |
|
| Additional Case Information: |
Topic: Real property - Tax sale - Right to redeem - Statutory notice - Section 27-43-3 - Statutory damages Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - REAL PROPERTY |
|
| Trial Court: |
Date of Trial Judgment: 12-19-2008 Appealed from: Hinds County Chancery Court Judge: William H. Singletary Disposition: VOIDED TAX DEED AND GRANTED SUMMARY JUDGMENT TO THE ESTATE Case Number: G2007-2193 S/2 |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | REBUILD AMERICA, INC. |
KIMBERLY PINE TURNER, JOSEPH MICHAEL GIANOLA, JR. |
|
|
| Appellee: | THE ESTATE OF DANIEL A. WRIGHT, DECEASED | JON HEATH POWELL | ||
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: | Real property - Tax sale - Right to redeem - Statutory notice - Section 27-43-3 - Statutory damages |
| Summary of the Facts: | Daniel Wright failed to pay 2004 ad valorem taxes on a piece of property, and the property was sold by Hinds County for taxes in August 2005. It ultimately came into the possession of Rebuild America, Inc. After the tax sale, the property was not redeemed by Wright during the following two years. Rebuild America then filed a complaint to quiet title against Wright. During the pendency of the proceedings, Wright died, and his estate was substituted as the defendant. Both parties filed motions for summary judgment. After a hearing, the chancellor granted the Estate’s motion, finding that Wright had not been personally served with the required statutory notice of the tax sale. Rebuild America appeals. |
| Summary of Opinion Analysis: | Issue 1: Statutory notice When property is sold for unpaid county or municipal ad valorem taxes, the property owner must be given notice of his right to redeem the property within 180 days of, but no less than 60 days prior to, the expiration of the redemption period. Section 27-43-3 requires redemption notice be given by personal service, by mail, and by publication in an appropriate newspaper. Both parties agree that Wright was properly served by mail and by publication. Regarding personal service, however, the sheriff’s return stated that the process server had been unable to locate Wright, and that the deputy had therefore left a copy of the notice attached to an outer door of a structure on the subject property. This is insufficient to satisfy the personal service requirement of section 27-43-3. Rebuild America argues that this defect was cured by an affidavit executed by a deputy chancery clerk pursuant to section 27-43-3. As to instate property owners, before an affidavit may suffice, section 27-43-3 requires both a failure of personal service and a return of the notice by mail as undelivered. Here, both sides agree that notice was served by mail. Under a strict reading of the statute, the chancery clerk’s affidavit cannot be a substitute for personal service where notice by mail was completed. Issue 2: Statutory damages Rebuild America argues that, even if the chancery court properly found against it regarding title to the property, Rebuild America was entitled to damages stemming from certain expenses it incurred relating to the tax sale. The chancellor’s final judgment did not address whether Rebuild America would be entitled to damages under the statutes. This issue was properly submitted to the chancery court in Rebuild America’s initial complaint. Thus, the case is remanded for the chancellor to determine what damages are owing to Rebuild America. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
