Braswell v. T & T Welding, Inc., et al.
| Docket Number: | 2003-CA-01971-SCT Linked Case(s): 2003-CA-01971-SCT ; 2003-CA-01971-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 08-12-2004 Opinion Author: Carlson, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Contract - Venue - Section 11-11-3 Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz and Graves, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - CONTRACT |
|
| Trial Court: |
Date of Trial Judgment: 08-15-2003 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: Denied Braswell's motion for a change of venue to Pike County. Case Number: 2002-162-CV5 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Randy Braswell d/b/a Worldwide Drilling |
WAYNE DOWD |
||
| Appellee: | T & T Welding, Inc. and T & T Communications, LLC | CRAIG N. ORR |
|
|
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: | Contract - Venue - Section 11-11-3 |
| Summary of the Facts: | T&T Welding and T&T Communications, LLC sued Randy Braswell d/b/a Worldwide Drilling in the County Court for the Second Judicial District of Jones County, on an alleged open account for materials and services. The court denied Braswell's motion for a change of venue to Pike County. Following a jury trial, judgment was entered against Braswell. Braswell appealed to the Circuit Court for the Second Judicial District of Jones County. The circuit court affirmed the county court’s decision, and Braswell appeals. |
| Summary of Opinion Analysis: | Braswell argues that the court erred in denying his motion to change venue to Pike County. At the time of this lawsuit, section 11-11-3 provided that a resident defendant may be sued wherever that resident may be found or where the cause of action occurred or accrued. In this case, an agreement was reached during a telephone conversation that T&T would provide services at Braswell’s well site. After the first day’s work, Braswell’s site supervisor would request further materials and services from T&T via telephone. T&T’s workers would dispatch from the Jones County offices based upon the specific orders that were placed in Jones County. Some of the charges were incurred inside Jones County since the charges included mileage and worker travel time from Jones County to Pike County and that T&T generated their invoices in Jones County, mailed the invoices from Jones County to Pike County, and expected payment to be made in Jones County as was the usual course of business between the two parties. Therefore, venue was proper in either Pike or Jones Counties. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
