307 So.3d 1229
Miss. Ct. App.2020Background
- Two tenants (Lakotah and Rebecca Jones) were evicted by a justice court in Grenada County; the tenants appealed to the circuit court.
- The Grenada County Circuit Court affirmed the justice-court eviction and ordered the tenants to vacate immediately, finding they were holding over without authority.
- The tenants appealed to the Mississippi Court of Appeals, arguing (1) the person seeking eviction lacked standing and (2) they were denied a stay of eviction / due process (including alleged improper service).
- The certified appellate record contained only eleven pages (docket sheets, justice-court abstract judgment, circuit-court order, notices, and clerk certificates) and lacked transcripts or evidentiary pleadings.
- The Court of Appeals emphasized the appellant’s duty to provide a complete record and a transcript if challenging factual findings; it declined to consider materials not in the certified record.
- Because the record did not support the appellants’ claims and the trial court’s judgment is presumptively correct, the Court of Appeals affirmed the eviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing of the person who sought eviction | Appellants: landowner lacked standing to obtain eviction | Appellees: eviction properly pursued by the landowner | Court: Not addressed on merits — appellants failed to supply record to support the standing challenge; issue not shown on record; judgment affirmed |
| Denial of stay / due process / improper service | Appellants: they were denied a stay and due process; service was improper | Appellees: eviction order valid; procedural posture did not establish reversible error | Court: Appellants provided no transcripts/evidence in record to support these claims; court will not consider materials outside the certified record; judgment affirmed |
| Adequacy of appellate record / transcript requirement | Appellants: (implied) record sufficient to raise errors on appeal | Appellees: burden is on appellants to provide complete record and transcript to challenge findings | Court: Appellants failed to meet burden; appellate review confined to certified record; without transcript/evidence, errors not shown; affirmance required |
Key Cases Cited
- G.R. v. Miss. Dep’t Human Servs. (In re V.R.), 725 So. 2d 241 (Miss. 1998) (appellant must provide complete record and preserve issues for appellate review)
- Pulphus v. State, 782 So. 2d 1220 (Miss. 2001) (appellate courts will not consider matters not in the certified record)
- Hall v. State, 295 So. 3d 544 (Miss. Ct. App. 2019) (trial-court judgments are presumptively correct on appeal)
- Walker v. Jones Cty. Cmty. Hosp., 253 So. 2d 385 (Miss. 1971) (transcript of evidence necessary to show errors in factual findings)