City of Cleveland v. Mid-South Associates, LLC
| Docket Number: | 2010-CT-00971-SCT Linked Case(s): 2010-CA-00971-COA ; 2010-CA-00971-COA ; 2010-CT-00971-SCT ; 2010-CT-00971-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 05-24-2012 Opinion Author: Randolph, J. Holding: Court of Appeals vacated; Chancery court affirmed. |
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| Additional Case Information: |
Topic: Attorney's fees - Section 41-7-201(2)(f) - Jurisdiction Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - OTHER Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 04-27-2010 Appealed from: DeSoto County Chancery Court Judge: Vicki Cobb Disposition: DENIED ATTORNEYS’ FEES TO CITY OF CLEVELAND WHICH OPPOSED MEDICAL CLINIC’S RELOCATION TO DESOTO COUNTY Case Number: 07-10-1952 |
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| Note: | Finding the chancery court did not have jurisdiction, the Supreme Court affirmed the judgment of the DeSoto County Chancery Court, and vacated the opinion of the Court of Appeals. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | City of Cleveland, Mississippi |
THOMAS L. KIRKLAND, JR.
ANDY LOWRY |
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| Appellee: | Mid-South Associates, LLC1 | WILLIAM HOLCOMB HUSSEY JOHN L. MAXEY, II |
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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: | Attorney's fees - Section 41-7-201(2)(f) - Jurisdiction |
| Summary of the Facts: | In 2006, Mid-South applied to the Department of Health for a certificate of need, and the City intervened in the proceeding to oppose the application. In 2007, DOH issued a final order denying the certificate of need. Mid-South appealed to chancery court, which reversed the DOH order. The City and DOH appealed the chancery court’s decision. The Court of Appeals reversed and rendered the chancery court’s order and reinstated the DOH final order. Mid-South filed a petition for writ of certiorari which was denied by the Supreme Court. Six days later, the City filed a motion in the chancery court seeking attorney fees and costs, citing as its basis section 41-7-201(2)(f). The chancellor denied the motion. The City appealed, and the Court of Appeals affirmed the chancery court’s denial. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The chancery court lacked jurisdiction to grant the City’s motion for attorney fees, which was filed after the case ended. Upon the City’s appeal of the chancery court’s judgment, the chancery court lost jurisdiction. And because the Court of Appeals rendered judgment in the underlying case, as opposed to remanding, the chancery court did not regain jurisdiction. All issues that had been raised, or could have been raised, were terminated when the Court of Appeals rendered the case and the Supreme Court denied certiorari review. Thus, the chancery court correctly determined that it had no jurisdiction. |
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