57 So. 3d 622
Miss.2011Background
- MTC filed eminent-domain proceedings to take 1.45 acres of a 50-acre Webster County parcel to widen US Highway 82 and deposited 57,400 with the court, higher than the initial appraisal of 14,450.
- An independent appraiser valued the property at 57,400, and the court allowed immediate title and possession upon deposit of the difference, resulting in a total deposit of 57,400 by MTC.
- The court ordered the 57,400 disbursement to the defendants as a group, and Sherry Mann, via her attorney, obtained the check and applied funds to satisfy her lien on the property.
- A jury trial, held after a ten-year delay, awarded 14,450 to the defendants; the court then entered a judgment requiring the Bank and Trustee to pay the difference between 57,400 and 14,450.
- Bank and Trustee moved to amend or obtain relief from judgment, arguing they were not party to the withdrawal of funds and should not be liable; the trial court denied the motion, and the Court of Appeals reversed, using different reasoning but reaching the same outcome.
- The supreme court held that the statute plainly allows a personal judgment only against the landowner, not the mortgagee or trustee, for the difference between the deposit and final compensation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mortgagee and trustee owe the difference | MTC argues they are liable due to withdrawal of funds and participation as defendants. | Bank and Harrison contend they are not liable; they were not owners and not party to fund withdrawal. | No; liability rests solely on the property owner. |
Key Cases Cited
- Harrison v. MTC, 57 So.3d 648 (Miss.Ct.App.2010) (intermediate appellate decision cited for related reasoning)
- Brooks v. Roberts, 882 So.2d 229 (Miss. 2004) (Rule 59/60 standards in Mississippi appellate review)
- Briney v. U.S. Fid. & Guar. Co., 714 So.2d 962 (Miss.1998) (practice of reviewing post-judgment relief motions)