Beaumont Homes, LLC v. Colonial/Jordan Properties, LLC, 2011 Miss. App. LEXIS 596

Beaumont entered a September 16, 2005 contract to purchase land from Colonial/Jordan for development of a house, on an “as is” basis.
Beaumont later learned a Madison County moratorium on building permits existed due to prior flooding problems affecting the property.
Beaumont filed suit on October 2, 2006 asserting breach of contract, negligence, misrepresentation/ negligent misrepresentation, fraudulent concealment, and fiduciary duties/good faith duties.
The chancery court granted Colonial/Jordan summary judgment on June 22, 2009.
Colonial/Jordan moved for attorneys’ fees on June 29, 2009; the court awarded $5,000 on May 6, 2010.
The Mississippi Court of Appeals affirmed the chancery court’s judgment in Beaumont’s favor for the contract dispute and the fee award on October 4, 2011.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Duty to disclose flooding or moratoriums	Beaumont contends Colonial/Jordan had disclosure duties.	Because of the “as is” contract and lack of dwelling, no duty to disclose; disclosures not required by statute.	No duty; summary judgment affirmed.
Attorneys’ fees award timeliness and authority	Fees raised post-trial; appeal timing and jurisdiction questioned.	Fees properly sought as post-trial issue under contract and preserved by post-judgment motions.	Fees awarded and upheld; court had jurisdiction over the post-trial motion.

Crase v. Hahn, 754 So.2d 471 (Miss.Ct.App.1999) (as-is clause shields seller from property-condition liability)
O.W.O. Invs., Inc. v. Stone Inv., Co., 32 So.3d 439 (Miss.2010) (summary-judgment standard; de novo review)
Tupelo Redevelopment Agency v. Gray Corp., 972 So.2d 495 (Miss.2007) (abuse-of-discretion review for attorneys’ fees)
Cruse v. Nunley, 699 So.2d 941 (Miss.1997) (fee-claim timing under appellate procedure)
Phelps v. Phelps, 937 So.2d 974 (Miss.Ct.App.2006) (notice of appeal suspended pending disposition of post-trial motions)