Riley v. Town of Lambert
| Docket Number: | 2002-CA-01006-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-07-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Contributing to delinquency of minor - Dismissal of appeal - Failure to post cost bond - URCCC 12.02 Judge(s) Concurring: King, P.J., Bridges, Thomas, Lee, Myers and Chandler, JJ. Dissenting Author : Dissenting Opinion Dissent Joined By : McMillin, C.J., and Southwick, P.J. Procedural History: Dismissal Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 01-08-2001 Appealed from: Quitman County Circuit Court Judge: Kenneth L. Thomas Disposition: DENIED MOTION TO SET ASIDE ORDER DISMISSING APPEAL Case Number: 5541-T |
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| Party Name: | Attorney Name: | |||
| Appellant: | Curtis Riley |
AZKI SHAH |
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| Appellee: | Town of Lambert, Mississippi | JIMMY L. MILLER |
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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: | Contributing to delinquency of minor - Dismissal of appeal - Failure to post cost bond - URCCC 12.02 |
| Summary of the Facts: | Curtis Riley was convicted in municipal court of contributing to the delinquency of a minor and allowing minors into his billiard hall lounge. Riley filed a notice of appeal from his misdemeanor convictions. Almost thirty days past the thirty-day appeal time, he filed a cost bond. Two years later, the circuit clerk filed a motion to dismiss the appeal for lack of prosecution. Approximately thirteen months after judge entered an order of dismissal, Riley filed a motion to set aside the dismissal which was denied. Riley appeals. |
| Summary of Opinion Analysis: | Riley argues that the court erred in granting the clerk's motion to dismiss because the clerk had no authority to file such a motion in a criminal case. Riley did not filed a cost bond until almost two months following the date of the judgments. URCCC 12.02 (A) provides that the failure to post a cost bond shall be grounds for the court, on its own motion or by motion of another, to dismiss the appeal with prejudice and with costs. Subsection (B) of Rule 12.02 requires the posting of an appearance bond. In addition to the tardy filing of the cost bond, Riley never filed an appearance bond. Therefore, Riley's appeal was not timely perfected, and the court had the discretion to dismiss the appeal on its own motion or by the motion of another. Although it was the clerk of the court, traveling in a civil procedure vehicle and invoking a different basis than that provided for in Rule 12.02, who asked that the appeal be dismissed, it is not the identity of the messenger or the type of procedural vehicle employed by the messenger to deliver the message but the totality of the factual circumstances which determines whether there is any legal basis which may properly justify the action taken by the judge in response to the message. Therefore, the court did not abuse its discretion in dismissing the appeal. |
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