Jackson v. Lowe, et al.
| Docket Number: | 2010-CP-00062-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-28-2011 Opinion Author: Myers, J. Holding: Dismissed |
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| Additional Case Information: |
Topic: Real property - Jurisdiction - Interlocutory order - M.R.C.P. 54(b) - M.R.A.P. 5 Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Russell, JJ. Non Participating Judge(s): Maxwell, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 12-11-2009 Appealed from: Madison County Chancery Court Judge: Cynthia Brewer Disposition: PARTIAL SUMMARY JUDGMENT GRANTED TO THE LOWES Case Number: 2008-0944 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Barbara Jackson a/k/a Barbara Jean Smith Jackson |
PRO SE |
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| Appellee: | David J. Lowe and Patricia A. Lowe AND David J. Lowe and Patricia A. Lowe | BERNARD C. JONES JR., ASHLEY JONES MOSLEY, C. BRENT JONES | ||
| Appellee #2: | ||||
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: | Real property - Jurisdiction - Interlocutory order - M.R.C.P. 54(b) - M.R.A.P. 5 |
| Summary of the Facts: | David and Patricia Lowe brought a complaint to quiet title to certain real property in Madison County. Named as defendants were Barbara Jackson, who had previously owned the property but lost it in a tax sale, and Cleotha and Greta Lindsey, who purchased the property after the tax sale and sold it to the Lowes. The complaint also sought monetary damages from Jackson and the Lindseys. After the case had proceeded for some time, the Lowes brought a motion for summary judgment. They contended that Jackson had failed to answer their requests for admissions within the thirty days allowed by M.R.C.P. 36. They further argued that once those alleged facts were deemed admitted, no genuine issue of material fact remained in the suit. The Lindseys did not contest the Lowes’ ownership of the property. The chancellor deemed the proposed admissions to be admitted by Jackson and granted summary judgment to the Lowes on the issue of ownership of the property. The Lowes also asserted that the admissions established that Jackson was liable for $500,000 in monetary damages stemming from various intentional torts, including slander of title and intentional infliction of emotional distress. Jackson never moved to withdraw or amend the admissions concerning monetary damages. Nonetheless, the chancellor refused to grant summary judgment to the Lowes on these issues, against either Jackson or the Lindseys. The chancellor then entered a “final judgment” that did not address whether the Lowes were entitled to damages. Jackson appeals, and the Lowes cross-appeal. |
| Summary of Opinion Analysis: | There was no M.R.C.P. 54(b) certification in this case, nor would one have been appropriate. Without the entry of a Rule 54(b) certificate, a trial court order which disposes of less than all of the claims against all of the parties in a multiple party or multiple claim action, is interlocutory. An interlocutory order without a Rule 54 certification is only appealable if the Mississippi Supreme Court grants permission under M.R.A.P. 5; the appellate court has no jurisdiction to hear it otherwise. Here, the chancellor denied the Lowes’ motion for summary judgment on the claims for monetary damages. That decision is not a final adjudication of the claims. The Lowes’ claims for monetary damages were not before the chancellor for a final decision; they were left hanging after the chancellor denied that part of the Lowes’ motion for summary judgment. Consequently, both the direct appeal and cross-appeal are dismissed for lack of jurisdiction. |
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