Kenneth Moore v. Roy D. McDonald
210 So. 3d 563
| Miss. Ct. App. | 2017Background
- Long-running boundary dispute between Kenneth & Carolyn Moore and Roy & Donna McDonald (with Donna’s mother Ruth Belton). A prior 2010 judgment established the boundary and enjoined the Moores from disturbing the McDonalds’ enjoyment of their property.
- In 2013 the Moores violated the injunction: installed fence posts in McDonalds’ driveway, tore down fence, removed/ destroyed trees, left debris, and threatened Donna McDonald, rendering driveway impassable.
- The McDonalds filed a contempt petition; the chancery court found the Moores in contempt and awarded compensatory damages, attorneys’ fees and expenses, $10,000 punitive damages, and an injunction against trespass.
- On appeal the Moores did not dispute the factual findings or that punitive damages and fees were warranted; they challenged (1) recovery of attorneys’ fees incurred in related bankruptcy proceedings, (2) recovery of fees for more than one attorney, and (3) that punitive damages exceed 2% of their net worth under Mississippi law.
- The chancery court had found the Moores filed and dismissed bankruptcy to stall the chancery action; McDonalds’ counsel appeared in bankruptcy and incurred fees trying to preserve the claim. The Moores offered an unreliable financial statement late in proceedings and never raised the statutory punitive-cap issue below.
Issues
| Issue | Plaintiff's Argument (McDonalds) | Defendant's Argument (Moores) | Held |
|---|---|---|---|
| Recovery of attorneys’ fees for work in related bankruptcy proceeding | Fees were incurred to preserve and prosecute the same claim and so are recoverable as part of the award | Chancery court was not the proper forum to award fees incurred in the bankruptcy; ~ $3,975 should be recoverable only in bankruptcy court | Affirmed: state chancery court may award fees for related bankruptcy work; award proper |
| Fees for multiple attorneys | Multiple lawyers’ work was reasonable and necessary | Fees should be limited to a single attorney’s fee (relying on older precedent) | Affirmed: Mississippi precedent permits awarding fees for more than one attorney |
| Punitive damages capped at 2% of net worth under Miss. Code § 11‑1‑65(3) | (Not asserted below) | Punitive award should be capped at 2% of Moores’ net worth (argued on appeal) | Affirmed: issue waived for failure to raise below; also Moores presented no credible evidence of net worth, so cap inapplicable |
Key Cases Cited
- Moore v. McDonald, 47 So. 3d 1186 (Miss. Ct. App. 2010) (prior boundary judgment between the parties)
- O.D. v. Dillard, 177 So. 3d 175 (Miss. 2015) (state court may award fees for work in federal court in related proceedings)
- Coleman & Coleman Enters. Inc. v. Waller Funeral Home, 106 So. 3d 309 (Miss. 2012) (Mississippi does not limit fee awards to a single attorney)
- Upchurch Plumbing Inc. v. Greenwood Utils. Comm’n, 964 So. 2d 1100 (Miss. 2007) (affirming fee award covering multiple attorneys)
- C&C Trucking Co. v. Smith, 612 So. 2d 1092 (Miss. 1992) (defendant bears burden to present evidence of net worth to mitigate punitive damages)
- In re Miss. Medicaid Pharm. Average Wholesale Price Litig., 190 So. 3d 829 (Miss. 2015) (net worth must be shown according to generally accepted accounting principles to trigger statutory punitive cap)
- Woodkrest Custom Homes Inc. v. Cooper, 108 So. 3d 460 (Miss. Ct. App. 2013) (proof of net worth is defendant’s responsibility to limit punitive damages)