Morris-Shea Bridge Co. v. Coastal Land Dev. Co.
| Docket Number: | 2004-CA-02493-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 09-15-2005 Opinion Author: Easley, J. Holding: Coastal's motion to dismiss appeal is granted. Morris-Shea's appeal to this Court on the merits is hereby dismissed with prejudice. |
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| Additional Case Information: |
Topic: Waiver of appeal Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Nature of the Case: Motion to Dismiss Appeal |
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| Trial Court: |
Date of Trial Judgment: 11-10-2004 Appealed from: Harrison County Chancery Court Judge: James Persons Case Number: C2402-04-00653-1 |
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| Note: | Coastal Land Development Company's motion to dismiss appeal is granted. Morris-Shea's appeal to this Court on the merits is dismissed with prejudice. Coastal Land Development Company's motion for sanctions is denied. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Morris-Shea Bridge Company, Inc. |
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| Appellee: | Coastal Land Development Co. |
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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: | Waiver of appeal |
| Summary of the Facts: | Coastal Land Development Co. filed a Motion To Dismiss Appeal And For Sanctions. Coastal seeks to dismiss the appeal filed by Morris-Shea Bridge Co., Inc., and receive sanctions from Morris-Shea for filing its appeal. Coastal asserts that the parties entered into a stipulation for a final and complete resolution of the controversy. |
| Summary of Opinion Analysis: | Morris-Shea’s contention that the appeal was not waived is not supported by the record. The unambiguous language of the parties’ stipulation clearly states that the settlement and the trial court’s ruling shall end the controversy and shall constitute a complete and final resolution of the dispute between the parties. Furthermore, the Agreed Order Granting Motion To Correct Or Modify Record signed by both counsel for Coastal and Morris-Shea specifically discussed the need to enter into a stipulation to settle the controversy and waiving any appeal in order for the title insurer to close the transaction. The stipulation was incorporated by reference into the agreed order. |
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