American Investors, Inc. v. King

15 Citing cases

  1. Van Meter v. Alford

    1998 CA 1591 (Miss. 2000)   Cited 33 times
    Finding the appellant "was therefore deprived of due process when his appeal was dismissed because he was not given an official notice of deficiencies in his appeal by the circuit clerk.... [T]he plain language of the rule requires a notice from the clerk of the deficiency and a fourteen day opportunity to cure the deficiency."

    Alford claims that M.R.A.P. 2(a)(2) does not apply to appeals from county court to circuit court. The Court has previously addressed this issue inAmerican Investors, Inc. v. King, 733 So.2d 830, 832 (Miss. 1999) ("An appeal from county court to circuit court is controlled by the Mississippi Rules of Civil Procedure . . ., the URCCC, and the M.R.A.P."). We specifically held that M.R.A.P. 2(a)(2) applies to appeals from county court to circuit court. Id.Rule 2(a)(2) mandates that, after a motion to dismiss has been filed, the court clerk (the circuit clerk in this instance) officially notify an appellant of deficiencies in his appeal and that the appellant be given fourteen (14) days therefrom to correct any deficiencies.

  2. Belmont Holding, LLC v. Davis Monuments, LLC

    253 So. 3d 323 (Miss. 2018)   Cited 14 times

    Accord , Van Meter v. Alford , 774 So.2d 430, 432 (Miss. 2000) ; American Investors, Inc. v. King , 733 So.2d 830, 832 (Miss. 1999).Davis , 797 So.2d at 930.

  3. Christmas v. State

    241 So. 3d 616 (Miss. 2018)   Cited 1 times

    So discretion is obviously involved. We have held the Mississippi Rules of Appellate Procedure apply in appeals from county to circuit court. Am. Inv'rs, Inc. v. King , 733 So.2d 830, 832 (Miss. 1999).See alsoMcGruder v. State , 886 So.2d 1, 2 (Miss. 2003) (holding appellate courts may suspend rules " ‘when justice demands’ to allow an out-of-time appeal in criminal cases" (quoting Fair v. State , 571 So.2d 965, 966 (Miss.

  4. Adams v. A & C Entertainment

    6 So. 3d 1082 (Miss. 2009)   Cited 1 times

    Here, the motion for reconsideration was filed with the Hinds County Circuit Clerk and satisfied the rules applicable to the filing of motions. The procedure for appeals from county court to circuit court is controlled by the Mississippi Rules of Civil Procedure, the Uniform Rules of Circuit and County Court Practice, and the Mississippi Rules of Appellate Procedure. American Investors, Inc. v. King, 733 So.2d 830, 832 (Miss. 1999). In reviewing the applicable rules with respect to the requirements for filing motions, we find a rule requiring that all papers shall be filed with the clerk of the Supreme Court (here, the clerk of the circuit court) and that copies of all papers be served on the other party. Miss. R.App. P. 25.

  5. Gulfport Partners V, L.P. v. Harrison Cnty. Bd. of Supervisors

    NO. 2016-CA-00062-COA (Miss. Ct. App. May. 23, 2017)

    See Van Meter v. Alford, 774 So. 2d 430, 432 (¶3) (Miss. 2000); Am. Inv'rs Inc. v. King, 733 So. 2d 830, 832 (¶4) (Miss. 1999); Adams v. Miss. State Oil & Gas Bd., 80 So. 3d 869, 871 (¶8) (Miss. Ct. App. 2012). The instant case deals with an appeal from a board of supervisors to the circuit court that is governed by a specific statute.

  6. Gulfport Partners V, L.P. v. Harrison Cnty. Bd. of Supervisors

    231 So. 3d 234 (Miss. Ct. App. 2017)   Cited 1 times
    Recognizing that, although the Mississippi Rules of Appellate Procedure govern proceedings when a circuit court sits as an appellate court over an appeal from a county court, a "case deal[ing] with an appeal from a board of supervisors to the circuit court ... is governed by a specific statute" and because "[o]ur caselaw does not address the Mississippi Rules of Appellate Procedure in this instance, ... we decline to extend the established law"

    However, the cases the dissent relies on for support specifically refer to when a circuit court sits as an appellate court in an appeal from a county court. SeeVan Meter v. Alford , 774 So.2d 430, 432 (¶ 3) (Miss. 2000) ; Am. Inv'rs Inc. v. King , 733 So.2d 830, 832 (¶ 4) (Miss. 1999) ; Adams v. Miss. State Oil & Gas Bd. , 80 So.3d 869, 871 (¶ 8) (Miss. Ct. App. 2012). The instant case deals with an appeal from a board of supervisors to the circuit court that is governed by a specific statute.

  7. Adams v. Mississippi State Oil & Gas Bd.

    80 So. 3d 869 (Miss. Ct. App. 2012)   Cited 6 times
    Holding that since the order of dismissal was void, a "nine-month delay in requesting the appeal be reinstated was not untimely because ‘no amount of time or delay may cure a void judgment’ " (quoting Overbey , 569 So.2d at 306 )

    Rather than adopt a lengthy set of rules for that situation, the Mississippi Supreme Court has said that the reviewing court may, when appropriate, refer to the Mississippi Rules of Appellate Procedure for guidance. Van Meter v. Alford, 774 So.2d 430[, 432] (¶ 3) (Miss.2000); American Investors, Inc. v. King, 733 So.2d 830[, 832] (¶ 4) (Miss.1999). Adams, 854 So.2d at 9–10 (¶ 11) (holding, based on M.R.A.P. 4(a), the Landowners' notice of appeal was sufficient).

  8. In re Miss. Rules of Appellate Procedure

    No. 89-R-99027-SCT (Miss. May. 5, 2020)

    Appeals from county court to circuit court are controlled, in part, by the Mississippi Rules of Appellate Procedure. Van Meter v. Alford, 774 So. 2d 430, 432 (Miss. 2000) (quoting Am. Inv'rs, Inc. v. King, 733 So. 2d 830, 832 (Miss. 1999)).Rules which provide for the making of a motion in the trial court include Rules 4(g), extension of time to appeal; 6, determination of in forma pauperis status; 8(b), stay on appeal to be first sought in trial court; and 10(e) correction of record on appeal.

  9. Davis v. Nationwide Recovery Service

    797 So. 2d 929 (Miss. 2001)   Cited 5 times   1 Legal Analyses
    In Davis, the circuit court had dismissed Davis's appeal as untimely because of the ten-day limit set out in the statute.

    Accord,Van Meter v. Alford, 774 So.2d 430, 432 (Miss. 2000); AmericanInvestors, Inc. v. King, 733 So.2d 830, 832 (Miss. 1999). While our own rulemaking power takes precedence, we note that, with the passage ofH.B. No. 1207 during its 2001 regular session, the Legislature amended § 11-51-79 to replace the ten-day appeal period with the thirty-day appeal period, effective July 1, 2001.

  10. Wadley v. Hubbs

    338 So. 3d 142 (Miss. Ct. App. 2022)   Cited 1 times

    ¶12. "An appeal from county court to circuit court is controlled by the Mississippi Rules of Civil Procedure ..., the [Uniform Civil Rules of Circuit and County Court Practice], and the [Mississippi Rules of Appellate Procedure]." Am. Invs. Inc. v. King , 733 So. 2d 830, 832 (¶4) (Miss. 1999). ¶13.