Opinion
2020-CA-01061-SCT
03-30-2022
IN THE ESTATE OF GENEVIEVE M. DOOLEY, DECEASED: WARREN DOOLEY Appellant v. KATHLEEN D. DOOLEY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF GENEVIEVE M. DOOLEY, DECEASED, JOSEPH BRENDLER, INDIVIDUALLY AND AS EXECUTOR OF THE SUCCESSION OF JEANETTE DOOLEY BRENDLER, GEORGE BRANDON DOOLEY, JR., HERBERT LESLEY DOOLEY AND RICKY JAMES DOOLEY Appellees
EN BANC ORDER
MICHAEL K. RANDOLPH CHIEF JUSTICE
Warren Dooley and his sister Kathleen D. Dooley both appeal the Wilkinson County Chancery Court's denial of both parties' summary judgment motions. On August 6, 2020, the chancellor entered an Agreed Order Entering Final Judgment and Stay, Pursuant to Rule 54(b), certifying both orders denying summary judgment as final judgments.
"Generally, only final judgments are appealable." M. W.F. v. D.D.F., 926 So.2d 897, 899 (Miss. 2006). "A final, appealable judgment 'adjudicates the merits of the controversy and settles all issues as to all the parties[] and requires no further action by the trial court.5" Brown v. Collections, Inc., 188 So.3d 1171, 1174 (Miss. 2016) (alteration in original) (quoting Lewis v. Harvey (In re Est. of Lewis), 135 So.3d 202, 205 (Miss. Ct. App. 2014)); see also M.R.C.P. 54 advisory comm. n. ("A judgment is the final determination of an action and thus has the effect of terminating the litigation."). "When all issues in a case or claims against all parties are not resolved in a judgment, no appeal of right can be taken." Brown, 188 So.3d at 1174-75 (citing In re Est. of Lewis, 135 So.3d at 205). A denial of summary judgment does not settle all issues as to all parties, because the claims are still pending. M.R.C.P. 54(b). An order denying summary judgment is therefore not the type of order that can be certified as final under Rule 54. M.R.C.P. 54(b).
For an order or judgment to qualify under the Rule 54(b) exception, "the case must include: (1) either multiple claims, multiple parties, or both; and (2) either one or more but fewer than all claims must have been decided or all rights and liabilities of at least one party must have been adjudicated." Brown, 188 So.3d at 1175 (citing Ne. Mental Health Mental Retardation Comm'n v. Cleveland, 126 So.3d 1020, 1024 (Miss. Ct. App. 2013)). Decisions that leave "a portion of the claim pending as to all defendants" are excluded from Rule 54(b) certification. Id. (internal quotation marks omitted) (quoting Cleveland, 126 So.3d at 1024).
After due consideration, we find that because the subject order could not be certified under Mississippi Rule of Civil Procedure 54(b) and because both parties failed to seek permission for interlocutory appeal, this appeal "must be dismissed for want of jurisdiction." M.W.F., 926 So.2d at 900.
IT IS THEREFORE ORDERED that the appeals filed by both Appellant and Appellees are hereby dismissed upon the entry of this order. If any costs of this appeal remain unpaid, such are assessed equally between the parties.
SO ORDERED.