Regan v. South Cent. Reg'l Med. Ctr.
| Docket Number: | 2009-CA-00268-SCT Linked Case(s): 2009-CA-00268-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 10-28-2010 Opinion Author: Pierce, J. Holding: The motion for rehearing is denied. The previous opinions are withdrawn and this opinion is substituted therefor. Affirmed. |
|
| Additional Case Information: |
Topic: Medical malpractice - Relief from judgment - Change in law - M.R.C.P. 60(b)(4) - M.R.C.P. 60(b)(5) - M.R.C.P. 60(b)(6) Judge(s) Concurring: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ. Non Participating Judge(s): Graves, P.J. Procedural History: Motion for Rehearing Nature of the Case: Motion for Rehearing; CIVIL - MEDICAL MALPRACTICE |
|
| Trial Court: |
Date of Trial Judgment: 12-15-2008 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: The trial court granted the Hospital’s Motion for Summary Judgment and dismissed the suit on November 27, 2007, due to Regan’s failure to attach a certificate of expert consultation with her complaint. The trial court’s decision was based on this Court’s decision in Walker v. Whitfield Nursing Center, Inc., 931 So. 2d 583 (Miss. 2006). Less than one year after the trial court’s decision, this Court overturned Walker in Wimley v. Reid, 991 So. 2d 135 (Miss. 2008). On October 1, 2008, Regan filed a motion under Mississippi Rule of Civil Procedure Rule 60(b) to set aside the trial court’s order on October 1, 2008. It was denied. Case Number: 2005-48-CV3 |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Shelia Regan |
NORMAN WILLIAM PAULI, JR. |
|
|
| Appellee: | South Central Regional Medical Center | RICHARD O. BURSON, PEELER GRAYSON LACEY, JR. | ||
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: | Medical malpractice - Relief from judgment - Change in law - M.R.C.P. 60(b)(4) - M.R.C.P. 60(b)(5) - M.R.C.P. 60(b)(6) |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is substituted for the original opinion. Shelia Regan filed a medical malpractice action against South Central Regional Medical Center. The trial court granted the Hospital’s Motion for Summary Judgment and dismissed the suit due to Regan’s failure to attach a certificate of expert consultation with her complaint. The trial court’s decision was based on Walker v. Whitfield Nursing Center, Inc., 931 So. 2d 583 (Miss. 2006). Less than one year after the trial court’s decision, the Supreme Court overturned Walker in Wimley v. Reid, 991 So. 2d 135 (Miss. 2008). Regan filed a motion under M.R.C.P. 60(b) to set aside the trial court’s order. It was denied, and Regan appeals. |
| Summary of Opinion Analysis: | Regan argues that the trial court erred in failing to grant her relief under M.R.C.P. 60(b)(4). However, Regan failed to argue that she was entitled to relief under subsection (4) at the trial court level, and is now precluded from raising it for the first time on appeal. Although Regan never specifically argued Rule 60(b)(5) in her Rule 60(b) Motion, she did argue that the trial court should enter an order amending or setting aside its prior Order Granting Summary Judgment and Judgment of Dismissal. While 60(b)(5) authorizes relief when a judgment upon which it is based has been reversed or otherwise vacated, it does not authorize relief from a judgment on the ground that the law applied by the court in making its adjudication has been subsequently overruled or declared erroneous in another and unrelated proceeding. Thus, Rule 60(b)(5) is not a mechanism by which Regan can be granted relief. Regan argues that the Court should find sufficient reasons to justify relief through Rule 60(b)(6)’s catch-all provision. She argues that there are extraordinary and compelling circumstances that entitle her to post-judgment relief under Rule 60(b)(6), namely the change in applicable law pursuant to Wimley v. Reid, 991 So. 2d 135 (Miss. 2008). A change in decision law after entry of judgment does not constitute exceptional circumstances and is not alone grounds for relief from a final judgment. Therefore, the trial court did not abuse its discretion when it denied Regan’s Rule 60(b)(6) Motion to Set Aside Order Granting Summary Judgment and Judgment of Dismissal. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
