Frisby v. City of Gulfport
113 So. 3d 565
| Miss. | 2013Background
- Frisby filed a Petition for Inclusion in 2007 to annex his Harrison County property; Biloxi and Gulfport were named defendants and the case proceeded before a special judge.
- Discovery showed the franchise agreement with Biloxi was not finalized, prompting a deadline and continuances before trial.
- On October 10, 2008, Frisby sought dismissal; the court granted dismissal without prejudice but imposed terms and conditions requiring cost and fee payments before refiling.
- The October 21, 2008 order specified amounts payable to Gulfport and Harrison County and barred refiling until terms were fulfilled; the case remained dormant for about two years.
- In 2010–2012, Harrison County sought to enforce the terms after Frisby paid part of the amount; Judge McGehee later ruled the 2008 order was a final judgment, and Frisby appealed.
- Frisby paid $20,384 in 2012 while continuing the appeal, while Gulfport did not seek further payment and Biloxi was not participating.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to appeal by Harrison County | Frisby argues Harrison County has no stake. | Harrison County represents Gulfport taxpayers and has interest. | Harrison County has no present interest; standing lacking; appeal dismissed as moot on this ground. |
| Mootness of the case | Contends the order was not a final judgment and issues remain unresolved. | Disputed whether the order created ongoing obligations; Gulfport not seeking funds. | Case moot because no live controversy remains; no adjudication of rights possible; appeal dismissed. |
| Effect of payment and judgment status | Payment settled all sums due; no further relief possible. | Funds were due only if refiling occurred; payments compete settlement. | Payment extinguished County’s interest; no enforcement necessary; mootness persists. |
Key Cases Cited
- City of Madison v. Bryan, 763 So.2d 162 (Miss. 2000) (mootness doctrine and need for ongoing controversy)
- Gartrell v. Gartrell, 936 So.2d 915 (Miss. 2006) (mootness when a judgment would have no practical benefit)
- Rhodes v. Rhodes, 336 So.2d 1315 (Miss. 1976) (payment made before appeal can render issues moot)