Williams v. Claiborne County Sch. Dist., et al.
Docket Number: | 2010-CA-01408-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 02-21-2012 Opinion Author: Ishee, J. Holding: Dismissed |
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Additional Case Information: |
Topic: Real property - Final judgment - M.R.C.P. 54(b) - Interlocutory order - M.R.A.P. 5 - Jurisdiction Judge(s) Concurring: Lee, C.J., Griffis, P.J., Barnes, Roberts, Carlton, Maxwell, Russell and Fair, JJ. Non Participating Judge(s): Irving, P.J. Procedural History: Bench Trial Nature of the Case: CIVIL - REAL PROPERTY |
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Trial Court: |
Date of Trial Judgment: 07-29-2010 Appealed from: Claiborne County Chancery Court Judge: Vincent Davis Disposition: PUBLIC ROAD AND COUNTY’S RIGHT-OF-WAY NOT ABANDONED Case Number: 2009-0239GN |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | Thomas Williams and Donald Williams |
WREN C. WAY |
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Appellee: | Claiborne County School District, Geronimo Hardwood Timber, LLC a/k/a Good Hope Timber, Inc., and Anderson-Tully Company | EVERETT T. SANDERS ROBERT C. LATHAM |
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: | Real property - Final judgment - M.R.C.P. 54(b) - Interlocutory order - M.R.A.P. 5 - Jurisdiction |
Summary of the Facts: | The Claiborne County School District, Good Hope Timber Inc. and Anderson-Tully Company filed a petition in the chancery court to confirm right-of-way. They sought a right-of-way for Ross Road against Thomas Williams. Donald, Thomas’s brother, was added later as a party. The school district, in a separate claim, sought damages against the Williamses for the inability to lease its land located on Ross Road because of the lack of access to the land. The Williamses then filed a counterclaim arguing the portion of Ross Road running through their properties was abandoned by the Claiborne County Board of Supervisors and is, therefore, no longer a public road. The chancellor found the evidence clearly established Ross Road as a public road and not the Williamses’ private property. The chancellor further found there was “no credible evidence to establish that the county has voluntarily abandoned any part of Ross Road.” Thus, the chancellor ordered the Williamses to remove the existing gates and barriers that prevent anyone from accessing Ross Road. The Williamses appeal. |
Summary of Opinion Analysis: | As a general rule, only a final judgment is subject to appeal. A final judgment is defined as a judgment adjudicating the merits of the controversy which settles all issues as to all the parties. Due to the chancellor’s failure to address the issue of damages, the ruling in this case is not considered a final judgment. However, in the absence of a final judgment, an issue may still be subject to appeal pursuant to M.R.C.P. 54(b). However, there was no Rule 54(b) certification in this case. Thus, the trial court order is interlocutory, and the case is only appealable if the Mississippi Supreme Court grants permission under M.R.A.P. 5. Accordingly, the direct appeal and cross-appeal are dismissed for lack of jurisdiction. |
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