Lehman v. Mississippi Transportation Commission
127 So. 3d 277
| Miss. Ct. App. | 2013Background
- MTC filed three condemnations (Z, Z1, Z2) in Harrison County; Normand owns 9/10 of Z and Z1/Z2; Lehman owns 1/10 of Z.
- During condemnation, Normand, United Truck Group, and Truck Capital sued Lehman for slander of title over lis pendens claims.
- Trial court denied Lehman’s motion to dismiss; found lis pendens false and awarded damages and 8% interest for delay.
- On Aug. 12, 2010, the parties entered an agreed judgment: Lehman withdrew lis pendens, MTC paid Lehman and Normand specified sums for each parcel.
- Final judgment (July 7, 2011) incorporated the prior ruling, denied reconsideration, and awarded Normand $32,837.06 in attorney’s fees; MTC did not join the cross-appeal.
- Lehman appeals the denial of dismissal, reconsideration, and sanction fees; Normand cross-appeals the damages calculation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the agreed judgment bars Lehman’s appeals | Lehman waived objections via the agreed judgment. | Agreed judgment is binding unless fraud, mutual mistake, or collusion. | Issue barred; agreed judgment precludes appeal. |
| Attorney’s fees as sanctions for slander of title | Fees were proper sanctions given malice and delay. | Fees not warranted because lis pendens filed in good faith. | Fees upheld as sanction; amount supported by credible evidence. |
| Calculation of damages for slander of title (interest rate period) | Eight percent interest should run from September 4, 2009 (lis pendens filing) onward. | Interest runs from December 16, 2009 (filing petition to condemn). | Owen controls; interest starts from December 16, 2009. |
Key Cases Cited
- Julvanna, LLC v. Economy Inns, Inc., 24 So.3d 391 (Miss.Ct.App.2009) (agreed judgments binding absent fraud, mutual mistake, or collusion)
- Ruff v. Estate of Ruff, 989 So.2d 366 (Miss.2008) (agreed judgments are binding absent fraud or mutual mistake)
- Phelps v. Clinkscales, 247 So.2d 819 (Miss.1971) (damages for false/malicious statements against title)
- Welford v. Dickerson, 524 So.2d 331 (Miss.1988) (attorney’s fees as element of damages for slander of title)
- Owen, 310 So.2d 920 (Miss.1975) (eight percent interest on excess paid until judgment; start date for interest)
- 11-55-5 (Litigation Accountability Act), N/A (N/A) (authorizes sanctions attorney’s fees for lack of substantial justification)
- Herbrandson v. Thompson, 808 So.2d 975 (Miss.Ct.App.2001) (standard for reviewing attorney’s fees)