Mississippi Rules of App. Procedure

Full title: MISSISSIPPI RULES OF APPELLATE PROCEDURE

Court: Supreme Court of Mississippi

Date published: Dec 22, 2003

No. 89-R-99027-SCT (Miss. Dec. 22, 2003)

Opinion

No. 89-R-99027-SCT.

December 22, 2003.

McRAE, P.J. AND DIAZ, J., NOT PARTICIPATING. EASLEY AND GRAVES, JJ., WOULD GRANT.

ORDER

JAMES W. SMITH, JR., PRESIDING JUSTICE.

This matter has come before the Court en banc on petition of the Mississippi Court Reporters Association seeking the amendment of Appendix III to the Rules of Appellate Procedure to increase fees allowed reporters for preparing appellate transcripts and for other relief including the exemption of such fees from FICA and PERS withholding. The Court, having considered the petition finds that court reporter fees are established by the legislature. Miss. Code Ann. § 25-7-89. Likewise, requirements for withholding from earnings under FICA and PERS are governed by federal and state statutes. Therefore, the petition must be denied.

IT IS THEREFORE ORDERED that the petition of the Mississippi Court Reporters Association is denied. The Court will entertain a petition to amend Appendix III to the Rules of Appellate Procedure upon amendment of the statute by the Legislature.

SO ORDERED, this the 22^nd day of December, 2003.