80 So. 3d 833
Miss. Ct. App.2011Background
- Appellants Arvind Kumar, d/b/a Holiday Inn of Columbus, Tony Savage, and Tracey Savage faced a complaint by Shanna Loper alleging sexual harassment and emotional distress.
- Loper served Kumar, Tracey, and Kumar’s business entity; Pleasants informed that he represented Appellants and that Appellants denied all claims.
- Negotiations occurred but no settlement; Pleasants ceased representing the Appellants and no other attorney appeared for them.
- Loper filed the complaint on December 9, 2008; Appellants were served December 9–12, 2008, but no answer was filed by them or any attorney.
- A default judgment was entered after an unnotified hearing on damages; damages were set at $100,000 on June 11, 2009.
- Appellants later moved to vacate the default judgment; Tracey testified that Pleasants had provided a copy of Pleasants’ letter acknowledging representation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 55(b) notice was required after Appellants expressed intent to defend | Loper contends no appearance; no entitlement to notice. | Appellants argue Pleasants’ letter showed intent to defend, triggering notice. | Appellants entitled to three days’ notice; judgment reversed. |
Key Cases Cited
- Holmes v. Holmes, 628 So.2d 1361 (Miss. 1993) (informal communications may constitute appearance for Rule 55(b))
- Tucker v. Williams, 7 So.3d 961 (Miss. Ct. App. 2009) (attorney correspondence indicating defense obligates notice)
- McCain v. Dauzat, 791 So.2d 839 (Miss. 2001) (abuse of discretion standard for setting aside default judgment)
- Madison HMA, Inc. v. St. Dominic-Jackson Mem’l Hosp., 35 So.3d 1209 (Miss. 2010) (questions of law reviewed de novo; Rule 55 context)