Burnett v. State Farm Mutual Auto. Ins.
| Docket Number: | 2008-CA-01909-COA Linked Case(s): 2008-CT-01909-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-16-2010 Opinion Author: Myers, P.J. Holding: Dismissed |
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| Additional Case Information: |
Topic: Insurance - Interlocutory order - M.R.C.P. 54(b) Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Griffis, J.; Carlton, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - INSURANCE |
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| Trial Court: |
Date of Trial Judgment: 05-30-2007 Appealed from: PANOLA COUNTY CIRCUIT COURT Judge: Andrew C. Baker Disposition: SUMMARY JUDGMENT ENTERED FOR STATE FARM Case Number: CV2003-63-BO2 |
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| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | CURTIS BURNETT, JR. |
R. BRADLEY BEST, TIFFANY HATCHER SMITH, JOSHUA PAUL MOORE |
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| Appellee: | STATE FARM MUTUAL AUTOMOBILE INSURANCE AND LEE C. FRANKLIN | JOHN A. BANAHAN, SCOTT CORLEW | ||
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: | Insurance - Interlocutory order - M.R.C.P. 54(b) |
| Summary of the Facts: | After being involved in an automobile accident, Curtis Burnett, Jr., filed an action against Lee Franklin, the driver of the other car, and Burnett’s insurance company, State Farm Mutual Automobile Insurance Company, after the denial of his claim for uninsured/underinsured motorist benefits, uninsured motorist property damage, and medical payments benefits against his insurance policy. State Farm filed a motion for summary judgment. The circuit court found that there was a material misrepresentation in the purchase of the insurance contract, and granted State Farm’s motion for summary judgment. Burnett appeals. |
| Summary of Opinion Analysis: | Without the entry of an M.R.C.P. 54(b) certificate, a trial court order, which disposes of less than all of the claims against all of the parties in a multiple-party or multiple-claim action, is interlocutory. This case involves multiple defendants, State Farm and Franklin. The circuit court’s order did not terminate the action, did not make any adjudication concerning Franklin, and was not certified pursuant to Rule 54(b) as a final judgment as to State Farm. Based on the plain language of Rule 54(b), the order is interlocutory and not appealable. |
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