Camp v. Stokes
Docket Number: | 2008-CT-01076-SCT Linked Case(s): 2008-CT-01076-SCT ; 2008-CA-01076-COA ; 2008-CA-01076-COA |
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Supreme Court: | Opinion Link Opinion Date: 07-29-2010 Opinion Author: Dickinson, J. Holding: Reversed and remanded. |
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Additional Case Information: |
Topic: Damage to property - Attorney's fees - Section 95-5-10(3) Judge(s) Concurring: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER Writ of Certiorari: yes Appealed from Court of Appeals |
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Trial Court: |
Date of Trial Judgment: 05-20-2008 Appealed from: MONROE COUNTY CHANCERY COURT Judge: Jacqueline Mask Disposition: Successful defendants in a trespass-to-timber suit sought statutory attorney fees and expert-witness fees. The trial court held the statute did not apply to successful defendants, and the Court of Appeals affirmed the decision. Case Number: CV2007-000458-JEM |
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Note: | This opinion reversed and remands a previous judgment by the Court of Appeals. See the original COA opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO58380.pdf |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | Curley Camp, Howard Camp and Marty Tate d/b/a Tate Logging |
CARTER DOBBS, JR. |
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Appellee: | Clint Stokes | PRO SE |
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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. |
Topic: | Damage to property - Attorney's fees - Section 95-5-10(3) |
Summary of the Facts: | Clint Stokes filed a complaint against two brothers, Curley Camp and Howard Camp, and Marty Tate for trespass and wrongful cutting of timber on his land. The Camps filed a counterclaim asking the chancery court to declare an old wire fence to be the proper boundary line. The chancery court ruled in favor of the Camps, but denied their motion for statutory attorney’s fees and expert witness fees. They appealed, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
Summary of Opinion Analysis: | Section 95-5-10(3) provides in relevant part that all reasonable expert witness fees and attorney's fees shall be assessed as court costs in the discretion of the court. The Court of Appeals held that subsection (3) was available only as a remedy for a successful plaintiff. When a statute is plain on its face, there is no room for statutory construction. Nothing in section 95-5-10(3) restricts this provision to successful plaintiffs. |
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