John Calvin Howard v. Rolin Enterprises, LLC
224 So. 3d 1264
| Miss. Ct. App. | 2017Background
- John Calvin Howard was assaulted at a party held at the Claiborne County Convention Center and sustained serious injuries; he sued the venue owner and others for negligence.
- Howard sued Linda Walker (individually and doing business as Rolin Enterprises, LLC), Charlie Norrell (security, individually and doing business as Celebrity 1 Security), and event coordinator Triston Moore; Howard amended his complaint to add those parties.
- Service: Norrell was served with process but never answered; Moore was never served. No default was entered against Norrell.
- Walker and Rolin moved for summary judgment; the circuit court granted their motion and entered final judgment disposing of Walker and Rolin but did not mention or certify the judgment under Rule 54(b).
- The Court of Appeals determined the summary-judgment order was not final as to all parties because Norrell remained a party and Moore was not properly before the court, so it dismissed the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the summary-judgment order was appealable as a final judgment | Howard treated the judgment against Walker/Rolin as appealable | Walker/Rolin proceeded without Rule 54(b) certification but argued their judgment was proper | Not appealable: order disposed of fewer than all parties and lacked Rule 54(b) certification, so interlocutory |
| Whether Norrell was still a party despite nonappearance | Howard implicitly treated Norrell as non-participating and the judgment could proceed | Walker/Rolin noted Norrell was served but never defended | Norrell remained a party because he had been served and no default was entered; his presence prevents finality |
| Whether Moore was a party to the suit | Howard included Moore in amended complaint | Walker/Rolin argued Moore was not served and thus not before the court | Moore was not a party because the record showed no service of process on him |
| Whether the Court of Appeals had jurisdiction to hear the appeal | Howard assumed appellate jurisdiction over the summary judgment | Walker/Rolin did not obtain Rule 54(b) certification | Court of Appeals lacked jurisdiction and dismissed the appeal absent Rule 54(b) or Supreme Court permission |
Key Cases Cited
- Jackson v. Lowe, 65 So. 3d 879 (Miss. Ct. App. 2011) (interlocutory orders disposing of fewer than all parties require Rule 54(b) certification to be appealable)
- M.W.F. v. D.D.F., 926 So. 2d 897 (Miss. 2006) (appellate courts must address jurisdictional defects sua sponte)
- BB Buggies, Inc. v. Leon, 150 So. 3d 90 (Miss. 2014) (service of process required to make a person a party to an action)
- State ex rel. Moak v. Moore, 373 So. 2d 1011 (Miss. 1979) (naming a person without service does not make them a party)