110 So. 3d 785
Miss.2013Background
- LaFontaine sued Harley and Holliday in Hancock County Circuit Court; case assigned to Judge Roger T. Clark.
- After twelve months with no action, clerk dismissed the case for want of prosecution under Rule 41(d) on December 12, 2011.
- LaFontaine moved to set aside the dismissal and reinstate the action; she claimed lack of notice of the clerk’s motion.
- Judge John C. Gargiulo reinstated the case, sua sponte, by an order granting reinstatement without a stated reason for his authority.
- Holliday, pro se, moved to reconsider, alleging improper reinstatement and noncompliance with pro hac vice rules; a hearing was requested.
- On January 27, 2012, Gargiulo set aside his reinstatement order, directing that the matter be addressed by Judge Clark, who dismissed the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the January 27, 2012 order is a final judgment. | LaFontaine asserts the order resolves the merits of the case. | The order merely leaves the motion to reinstate to be decided by Judge Clark. | No; the order is nonfinal and not an appealable judgment. |
Key Cases Cited
- Cotton v. Veterans Cab Co., Inc., 344 So.2d 730 (Miss. 1977) (appeal from nonfinal judgment lacks jurisdiction)
- Sanford v. Bd. of Supervisors, Covington County, 421 So.2d 488 (Miss. 1982) (final judgment rule; appellate jurisdiction)
- Mississippi Waste of Hancock County, Inc. v. Bd. of Supervisors of Hancock County, 818 So.2d 326 (Miss. 2001) (final judgment requirement; cited for finality principle)
- Banks v. City Fin. Co., 825 So.2d 642 (Miss. 2002) (final judgment and appellate review standards)