Jordan v. McAdams
85 So. 3d 932
Miss. Ct. App.2012Background
- McAdams became Mayor of Greenwood, MS on July 6, 2009 and terminated City Attorney Littleton, then nominated Abraham & Rideout for the position.
- The City Council rejected the nomination 5-2, and Littleton continued to act as city attorney pending replacement.
- McAdams filed a suit seeking declaratory judgments that Littleton could not hold over and that the Council lacked authority to hire him, and sought to enjoin Littleton from attending meetings as city attorney.
- Chancery Court held Littleton had no right to hold over and enjoined him; the ruling was affirmed by the Mississippi Supreme Court in Littleton v. McAdams (2011).
- The chancery court also addressed sanctions against the Council members; it took the sanctions motion under advisement and later denied it.
- McAdams appealed, arguing the sanctions denial was improper; Irving dissented, arguing sanctions were warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of sanctions motion | Sanctions were timely; asserted in answer and disposition order. | Post-judgment motion under Russell controls; untimely. | Not untimely; sanctions properly before court |
| Whether the suit against Council members was frivolous | Suit had colorable legal basis to resolve a public-dispute over hold-over and authority. | Sued council members individually was frivolous and harassment. | Not frivolous |
| Whether the suit was filed for harassment | No evidence of harassment; suit sought legitimate declaratory relief. | Motivated by harassment and to force political accommodation. | Not harassment |
| Whether the trial court abused its discretion in sanctions findings | Findings supported the decision; no abuse of discretion. | Sanctions warranted due to frivolous/harassing filing. | No abuse of discretion |
Key Cases Cited
- Russell v. Lewis Grocer Co., 552 So. 2d 113 (Miss.1989) (post-judgment sanctions timing discussed)
- Collins v. Koppers, Inc., 59 So. 3d 582 (Miss.2011) (sanctions may be sought in pleadings other than after judgment)
- Estate of McLemore v. McLemore, 63 So. 3d 468 (Miss.2011) (frivolous pleading standard; no hope of success required)
- In re Estate of Smith v. Smith, 69 So. 3d 1 (Miss.2011) (frivolous pleading standard; necessity of bare inspection finding)
- Hill v. Thompson, 564 So. 2d 1 (Miss.1989) (public-interest considerations weigh against sanctions)