Prewitt v. City of Oxford


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Docket Number: 2009-CA-00684-SCT
Linked Case(s): 2009-CA-00684-SCT
Supreme Court: Opinion Link
Opinion Date: 04-08-2010
Opinion Author: Graves, P.J.
Holding: Affirmed
Additional Case Information: Topic: Writ of mandamus - Adequate remedy at law - Sanctions - Section 11-55-7 - M.R.C.P. 11
Judge(s) Concurring: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ.
Procedural History: Dismissal
Nature of the Case: CIVIL - OTHER
Trial Court: Date of Trial Judgment: 04-16-2009
Appealed from: Lafayette County Circuit Court
Judge: Al Smith
Disposition: After a misdemeanor conviction in municipal court, Richard A. Prewitt filed a collateral lawsuit in the Circuit Court of Lafayette County seeking writs of mandamus against the City of Oxford, the municipal court, and the municipal court judge. The City responded with a motion to dismiss and for sanctions. The trial court ultimately granted the City’s motion to dismiss and ordered sanctions.
Case Number: L08-769
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Richard A. Prewitt




 GEORGE DUNBAR PREWITT, JR.



  
  • Appellant #1 Brief
  • Appellant #1 Reply Brief
    		•
    Appellee: City of Oxford, Mississippi, Oxford Municipal Court and Lawrence L. Little PAUL BOWIE WATKINS, JR., POPE SHANNON MALLETTE  
    Synopsis provided by:

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    Topic: Writ of mandamus - Adequate remedy at law - Sanctions - Section 11-55-7 - M.R.C.P. 11
    Summary of the Facts: After a misdemeanor conviction in municipal court, Richard Prewitt filed a collateral lawsuit in the Circuit Court of Lafayette County seeking writs of mandamus against the City of Oxford, the municipal court, and the municipal court judge. The City responded with a motion to dismiss and for sanctions. The trial court granted the City’s motion to dismiss and ordered sanctions. Prewitt appeals.
    Summary of Opinion Analysis: Dismissal in this case was proper. A party cannot circumvent the appellate process and seek such an extraordinary remedy when there is an adequate remedy at law. Section 11-55-7 sets out the factors to be considered in determining the amount of an award of attorney’s fees. M.R.C.P. 11 permits a court to impose sanctions against a party or his attorney for filing a frivolous motion or pleading. Here, the record clearly supports a finding that Prewitt pursued a frivolous collateral action in circuit court and that the sanctions were appropriate.


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