City of Cleveland v. Mid-South Associates, LLC
2012 Miss. LEXIS 246
| Miss. | 2012Background
- City of Cleveland challenged a chancery court ruling denying its motion for attorney fees after the underlying case ended.
- Mid-South sought a DOH certificate of need; City intervened to oppose; DOH denied in 2007.
- Chancery Court reversed the DOH decision in 2008; City and DOH appealed; Mississippi Court of Appeals reversed and rendered in 2009, reinstating the DOH order.
- Certiorari was denied by this Court in January 2010, terminating the case.
- Six days later, City moved in chancery court for attorney fees under Miss. Code Ann. § 41-7-201(2)(f); chancery court found no jurisdiction and denied the fee request.
- Court of Appeals affirmed the chancery court’s denial on an alternative basis, but did not address the jurisdiction issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the chancery court had jurisdiction to award attorney fees after case finality | City | Mid-South | Chancery court lacked jurisdiction |
| Whether filing an appeal transfers jurisdiction to an appellate court and avoids remand to the trial court for fee rulings | City | Mid-South | Appeal transfers jurisdiction to the appellate court; rendered decisions do not remand the case to allow fee adjudication |
Key Cases Cited
- George v. Caldwell, 98 Miss. 820, 54 So. 316 (Miss. 1911) (final decree after appellate judgment leaves trial court without jurisdiction)
- Caldwell v. George, 50 So. 631 (Miss. 1909) (remand vs rendering affects trial court jurisdiction)
- Corporate Mgmt., Inc. v. Greene County, 23 So.3d 454 (Miss. 2009) (filing a notice of appeal transfers jurisdiction from trial to appellate court)
- Miss. State Dep’t of Health v. Mid-South Assoc., LLC, 25 So.3d 358 (Miss. Ct. App. 2009) (certiorari denied; case terminated)