Rebuild Amer., Inc. v. Countrywide Homes Loans, Inc., et al.
| Docket Number: | 2010-CA-01597-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-15-2012 Opinion Author: Griffis, P.J. Holding: Dismissed |
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| Additional Case Information: |
Topic: Real property - Final judgment - M.R.C.P. 54(b) - M.R.C.P. 58 Judge(s) Concurring: Lee, C.J., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ. Concur in Part, Concur in Result 1: Carlton, J., Concurs in Result Only Without Separate Written Opinion Concur in Part, Dissent in Part 1: Irving, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion Procedural History: Summary Judgment Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 08-26-2010 Appealed from: Hancock County Chancery Court Judge: Carter Bise Disposition: SUMMARY JUDGMENT GRANTED IN FAVOR OF APPELLEES Case Number: C2301-08-00337(4) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Rebuild America, Inc. |
KIMBERLY PINE TURNER |
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| Appellee: | Countrywide Homes Loans, Inc. and The Bank of New York | G. DEWEY HEMBREE III JOHN THOMAS ROUSE | ||
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 - Final judgment - M.R.C.P. 54(b) - M.R.C.P. 58 |
| Summary of the Facts: | Cindy and Scott Favre owned property located in Bay St. Louis. Countrywide asserted an interest in the property by virtue of an April 18, 2003 deed of trust executed by the Favres in favor of Countrywide, which secured a mortgage loan of $380,000. Wolf Run, LLC purchased the property on August 30, 2004, at a tax sale for unpaid 2003 taxes but never confirmed its tax title. On October 31, 2005, the property was again sold for unpaid 2004 taxes, this time to Wachovia Bank, N.A., as custodian for Sass Muni V, LLC. Rebuild America asserted its interest in the property by a quitclaim deed and assignment from U.S. Bank, N.A., as custodian for Sass Muni, dated February 1, 2008. Rebuild America filed suit on April 17, 2008, to confirm its title. On June 20, 2008, Countrywide and the Bank of New York filed their answers to the complaint and contested Rebuild America’s title. Rebuild America filed a motion for summary judgment and asserted that Countrywide and the Bank of New York’s title had been extinguished by the 2003 tax sale, and thus both lacked standing to contest Rebuild America’s title. The chancellor denied Rebuild America’s motion for summary judgment. In 2009, as part of a settlement from a separate lawsuit against Countrywide over the unpaid 2003 and 2004 taxes, the Favres conveyed the property to Countrywide by quitclaim deed. On June 18, 2010, Countrywide and the Bank of New York filed their counterclaims against Rebuild America to remove clouds and confirm title. Countrywide and the Bank of New York jointly filed a motion for summary judgment in an effort to void the 2003 and 2004 tax sales and to set aside the conveyance of the property to Rebuild America. The chancellor granted Countrywide and the Bank of New York’s motion for summary judgment and ruled the Hancock County Chancery Clerk had failed to provide statutory notice of the two tax sales to the Favres. Countrywide and the Bank of New York filed a motion for entry of a final judgment to confirm title and to dismiss the case against all defendants. While this motion was pending in the chancery court, Rebuild America filed its notice of appeal. |
| Summary of Opinion Analysis: | A final, appealable judgment is one that adjudicates the merits of the controversy which settles all issues as to all the parties and requires no further action by the lower court. Rebuild America did not seek certification pursuant to M.R.C.P. 54(b) from the chancellor prior to filing its notice of appeal, nor does the chancellor’s order contain language that can be construed to authorize an appeal with respect to fewer than all claims or all parties in the case. The order did not confirm Countrywide’s tax title, nor was the order a judgment within the meaning of M.R.C.P. 58. In addition, the action of the parties after the chancellor granted summary judgment is conclusive that the order did not resolve all claims as to all parties in the case and thus was not a final, appealable judgment. Thirteen days after the chancellor’s grant of summary judgment, the parties entered into an agreed order where the cross-defendant, Hancock County, consented to and waived further notice of a final hearing and entry of a final judgment on Countrywide and the Bank of New York’s counterclaims. On its face, this agreed order, signed by counsel for Rebuild America, acknowledged that further action was required by the chancellor prior the entry of a final judgment. Countrywide’s tax title was not confirmed and remains pending in the chancery court. Thus, this matter is not appealable. |
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