M. L. R. v. Pontotoc City Sch. Dist. Bd. of Trustees
| Docket Number: | 2009-CA-00979-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-02-2010 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Expulsion from school - Jurisdiction - Appeal procedure - Section 11-51-75 - Bill of exceptions Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Barnes, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 05-13-2009 Appealed from: PONTOTOC COUNTY CIRCUIT COURT Judge: Paul S. Funderburk Disposition: DENIED THE BILL OF EXCEPTIONS AND DISMISSED THE CAUSE OF ACTION Case Number: CV07-361-F-PO |
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| Party Name: | Attorney Name: | |||
| Appellant: | M.L.R. |
EDWIN HUGHES PRIEST, JONATHAN W. MARTIN |
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| Appellee: | Pontotoc City School District Board of Trustees | PHILLIP L. TUTOR, BERKLEY N. HUSKISON |
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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. |
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| Topic: | Expulsion from school - Jurisdiction - Appeal procedure - Section 11-51-75 - Bill of exceptions |
| Summary of the Facts: | A high-school student, who was expelled from school for a year for having drugs in her car on campus, attempted to appeal that expulsion to circuit court. The circuit court found that the appeal was not properly filed; therefore, the court lacked jurisdiction and dismissed the appeal. The student appeals. |
| Summary of Opinion Analysis: | Appeals from school-board orders are taken in the same manner as those of appeals from judgments of the board of supervisors pursuant to section 11-51-75. The statute provides that any person aggrieved by a judgment of, in this case the school board, may appeal to the circuit court within ten days from the date of adjournment of the session at which the school board rendered the judgment to be appealed. The statute continues that any person may embody the facts, judgment and decision in a bill of exceptions which shall be signed by the person acting as president of the school board. When a bill of exceptions is properly prepared and is signed by the person acting as the president of the school board, then the clerk thereof is directed to transmit the bill of exceptions to the circuit court “at once.” Absent a bill of exceptions, the circuit court is not vested with subject-matter jurisdiction over the appeal. In this case, without the signature of the president of the school board on the bill of exceptions filed by the student’s mother on behalf of the student, the circuit court’s dismissal must be affirmed. The circuit court exceeded its authority when it went further in its opinion and reviewed the Board’s decision to expel the student for one school year, finding there was substantial evidence supporting such a finding. This ruling of the circuit court is a nullity. |
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