Franklin Collection Service, Inc. v. Gwenlyn M. Collins
2016 Miss. App. LEXIS 803
| Miss. Ct. App. | 2016Background
- FCS sued to collect a hospital bill; Collins paid part and admitted the balance was $950; the balance was assigned to FCS for collection.
- Collins challenged some services billed, and the justice court dismissed the case with prejudice in 2014.
- FCS appealed to the circuit court and moved for summary judgment for $950 plus costs and fees; Collins counterclaimed for harassing calls.
- The circuit court denied the summary judgment on the morning of trial; the case proceeded to jury trial.
- At trial Collins testified most services were not performed; the jury awarded FCS $233; final judgment entered; on appeal, FCS challenges only the pretrial denial of summary judgment.
- The court held that the pretrial denial was moot after trial and not reviewable on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pretrial denial of summary judgment is reviewable after trial | FCS argues the denial can be reviewed | Collins contends the denial is interlocutory and moot after trial | Not reviewable post-trial; moot by the jury verdict |
Key Cases Cited
- Gibson v. Wright, 870 So.2d 1250 (Miss. Ct. App. 2004) (interlocutory nature of denial; moot after trial; two-trial evidence issue avoided)
- Black v. J.I. Case Co., 22 F.3d 568 (5th Cir. 1994) (review would require trial evidence; not appropriate to reverse verdict based on pretrial lack of evidence)
- Daigle v. Liberty Life Ins. Co., 70 F.3d 394 (5th Cir. 1995) (summary judgment moot after meritorious trial testing rights)
- Britton v. Am. Legion Post 058, 19 So.3d 83 (Miss. Ct. App. 2008) (pretrial ruling not reviewable after jury verdict in certain contexts)
- Gibson, 870 So.2d 1254 (Miss. Ct. App. 2004) (reiterates lack of reviewability of pretrial denial after trial)
- Piggly Wiggly of Greenwood, Inc. v. Fipps, 809 So.2d 722 (Miss. Ct. App. 2001) (cannot review pretrial rulings that do not affect outcome of appeal)
- USF & G Co. of Miss. v. Martin, 998 So.2d 956 (Miss. 2008) (review of pretrial denial allowed in some contract-ambiguity contexts; not applicable here)
- Estate of Bolden ex rel. Bolden v. Williams, 17 So.3d 1069 (Miss. 2009) (discusses Rule 56 and rebuttal evidence standards)