Gray & Assoc., Inc. v. State Bd. of Educ.
| Docket Number: | 2009-CA-00199-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-11-2010 Opinion Author: Lee, P.J. Holding: Affirmed. |
|
| Additional Case Information: |
Topic: Loss of business opportunities - Tort Claims Act - Statute of limitations - Section 11-46-11(3) Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - OTHER |
|
| Trial Court: |
Date of Trial Judgment: 09-23-2008 Appealed from: Hinds County Circuit Court Judge: William F. Coleman Disposition: SUMMARY JUDGMENT GRANTED IN FAVOR OF DEFENDANTS Case Number: 251-07-1235CIV |
|
| 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: | Gray and Associates, Inc., A Mississippi Non-profit Corporation d/b/a The Learning Curve |
JOHN DOYLE MOORE, ROBERT NILES HOOPER |
|
|
| Appellee: | The State Board of Education and The Mississippi Department of Education | JAMES T. METZ, BETTY RUTH FOX | ||
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: | Loss of business opportunities - Tort Claims Act - Statute of limitations - Section 11-46-11(3) |
| Summary of the Facts: | Gray and Associates, Inc. d/b/a/ The Learning Curve was an approved supplemental-education-services provider pursuant to the No Child Left Behind Act of 2001. Gray was on the Mississippi State Board of Education’s approved SES provider list for the school years 2003-04 and 2004-05. After a competition was held in March 2006 for placement on the provider list, Gray was removed from the approved SES provider list. The State later withdrew the changes to the approved SES provider list and left the original approved list in place. After the State published a request for proposals and revised procedures for selection of SES providers, directing all former providers to reapply, Gray submitted its proposal to reapply, which was rejected. Gray applied again and was ultimately placed back on the approved SES provider list. Gray served a written notice of claim on the Mississippi State Department of Education and the State Board of Education pursuant to the Mississippi Tort Claims Act, contending that removing it from the approved SES provider list from June 2006 through August 2006 caused a loss of business opportunities and profits. After Gray filed a complaint in circuit court, the State filed a motion for summary judgment. The court granted the motion, and Gray appeals. |
| Summary of Opinion Analysis: | Pursuant to section 11-46-11(3), all actions brought pursuant to the Act must be filed within one year next after the date of the tortious, wrongful or otherwise actionable conduct on which the liability phase of the action is based. Gray argues that although it was notified in April 2006 of its removal from the approved SES list, it was not actually removed from the list until July 1, 2006. Gray filed its notice of claim on June 19, 2007. Thus, Gray failed to file its claim within the one-year statute of limitations, and the trial court properly granted the State’s motion for summary judgment. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
