96 So. 3d 61
Miss. Ct. App.2012Background
- Breland, a public school teacher, was terminated May 27, 2010, and sought judicial review under Miss. Code Ann. §37-9-111.
- HCSB upheld Breland’s termination on December 12, 2010.
- Breland filed a notice of appeal January 7–10, 2011 but did not post the required $200 bond within 20 days of receipt of the decision.
- Chancery Court held a hearing April 21, 2011 on the HCSB’s motion to dismiss; Breland requested time to respond.
- On May 23, 2011 the chancellor dismissed the appeal for lack of timeliness and bond; the Mississippi Court of Appeals affirmed, holding jurisdiction was lacking.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Breland timely filed the appeal and posted the bond as required by §37-9-113(2). | Breland contends timing complies with Rule 6(e) and that bond could be posted later. | HCSB argues no timely filing and no bond within 20 days; jurisdiction is defeated. | Timely filing and bond are jurisdictional; Breland failed to comply, so dismissal affirmed. |
Key Cases Cited
- Calvert v. Griggs, 992 So.2d 627 (Miss. 2008) (timeliness is a jurisdictional prerequisite to appeal)
- In re Estate of Ware, 573 So.2d 773 (Miss. 1990) (time for perfecting an appeal is mandatory and jurisdictional)
- 5K Farms, Inc. v. Miss. Dept. of Revenue, 94 So.3d 221 (Miss. 2012) (statutory appeal bonds are jurisdictional)
- Jackson State Univ. v. Upsilon Chapter of Omega Psi Phi Fraternity, Inc., 952 So.2d 184 (Miss. 2007) (failure to file petition and post bond deprived jurisdiction)