Johnson v. Miss. Export R.R. Co.
| Docket Number: | 2011-CP-00093-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-13-2011 Opinion Author: Lee, C.J. Holding: Dismissed |
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| Additional Case Information: |
Topic: Personal injury - Settlement agreement - M.R.C.P. 60(b) Judge(s) Concurring: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Non Participating Judge(s): Myers, J. Procedural History: Dismissal Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 12-28-2010 Appealed from: Jackson County Circuit Court Judge: Dale Harkey Disposition: CASE DISMISSED UPON AGREEMENT OF PARTIES Case Number: 2010-00128(3) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Hubert Johnson |
PRO SE |
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| Appellee: | Mississippi Export Railroad Company | PATRICK R. BUCHANAN | ||
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: | Personal injury - Settlement agreement - M.R.C.P. 60(b) |
| Summary of the Facts: | Hubert Johnson filed a complaint against the Mississippi Export Railroad Company, alleging various bodily injuries sustained as a result of his employment. After the complaint and answer were filed, the parties entered into a settlement agreement and made an ore tenus motion for the trial court to dismiss the case. The case was dismissed with prejudice on December 28, 2010. Johnson filed his appeal on January 18, 2011. On January 19, 2011, Mississippi Export filed a motion to enforce the settlement. A hearing was noticed, but the hearing was not held. |
| Summary of Opinion Analysis: | Johnson argues the trial court failed to review the entire case based on the pleadings and evidence. Johnson’s argument is unclear, but he appears to argue that his counsel agreed to the dismissal without his consent. Johnson cites no law or facts as to why the trial court erred in dismissing the case. As Johnson cites no appealable issues for the Court to review, the case is dismissed. If Johnson’s argument is that he did not agree to the settlement, the proper remedy would have been to file a motion to the trial court under M.R.C.P. 60(b). |
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