Pratt v. City of Greenville
| Docket Number: | 2003-CA-00970-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-03-2006 Opinion Author: Griffis, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Termination of employee - Exhaustion of administrative remedies - Section 11-51-75 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes and Ishee, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 03-11-2003 Appealed from: Washington County Circuit Court Judge: Betty W. Sanders Disposition: SUMMARY JUDGMENT IN FAVOR OF CITY OF GREENVILLE Case Number: CI-98-0003 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Tony Pratt |
JOHN M. MOONEY, JR. |
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| Appellee: | City of Greenville, Mississippi | G. KENNER ELLIS, JR. |
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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: | Termination of employee - Exhaustion of administrative remedies - Section 11-51-75 |
| Summary of the Facts: | Tony Pratt was suspended from his position as a firefighter with the City of Greenville following his arrest on felony charges of conspiracy to report false fire alarms. He was subsequently reinstated when the grand jury failed to indict him on the charge. Pratt filed a complaint and alleged that he was terminated from his position as a firefighter without hearing or reasonable cause. The City filed a motion to dismiss or, in the alternative, for summary judgment. Pratt filed a motion for leave to file an amended complaint. The trial court denied Pratt’s motion and granted summary judgment in favor of the City. Pratt appealed the decision to the Mississippi Supreme Court, and the case was reversed and remanded. On remand, Pratt amended his complaint to add a claim under section 11-46-9(1)(c). The City then filed its second motion to dismiss or, in the alternative, for summary judgment. The trial court granted the City’s motion for summary judgment and dismissed the case. Pratt appeals. |
| Summary of Opinion Analysis: | The City’s motion to dismiss or, in the alternative, for summary judgment was served, by hand delivery, on January 23, 2003. It was set to be heard on February 13. Pratt served his response to City’s motion on February 11, eighteen days after the motion was filed. Rule 4.03(2) of the Uniform Rules of Circuit and County Court Practice required that Pratt reply to the motion within ten days. Pratt failed to reply in a timely manner. On March 5, 2003, the parties, through their trial attorneys, entered into a stipulated findings of fact and conclusions of law. In the stipulation, Pratt conceded that there are no genuine issues of material fact in dispute. Further, he admitted that he did not follow the City of Greenville’s grievance procedure for employees. As Pratt failed to exhaust his administrative remedies pursuant to section 11-51-75, the circuit court was without subject matter jurisdiction to hear the case. |
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