142 So. 3d 1098
Miss. Ct. App.2014Background
- Loftin sought to compel production of public records from the Jefferson Davis County School District; petition filed in chancery court, which denied relief.
- Board notified Loftin of nonrenewal; Loftin requested a hearing under EEPL; public records request was made to the district.
- Chancery court later found Loftin waived enforcement rights by participating in the nonrenewal hearing; Loftin challenged this.
- Loftin filed a motion for reconsideration on July 24, 2012; order denying the motion was issued October 24, 2012; notice of appeal followed.
- Because the motion was more than ten days after the judgment, it was treated as a Rule 60(b) motion, not a Rule 59(e) motion to toll the appeal period.
- Court affirmed the chancery court’s denial, holding Rule 60(b) relief was not warranted and the appeal was limited to the Rule 60(b) disposition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of appeal after Rule 60(b) designation | Loftin argues Rule 59 timing tolls appeal | Board argues Rule 60(b) does not toll the appeal period | Rule 60(b) does not toll the appeal period; review limited to Rule 60(b) denial |
| Whether Loftin merits Rule 60(b) relief | Loftin sought to relitigate merits of dismissal | Board contends none of Rule 60(b) bases apply | No Rule 60(b) basis is satisfied; relief denied |
| Judicial review scope after Rule 60(b) denial | Loftin seeks merits review of underlying judgment via Rule 60(b) | Rule 60(b) relief does not permit merits review of underlying judgment | No jurisdiction to review underlying judgment; limited to Rule 60(b) denial |
Key Cases Cited
- Calvert v. Griggs, 992 So.2d 627 (Miss. 2008) (timeliness is jurisdictional and cannot be waived)
- Dawson v. Burt Steel Inc., 986 So.2d 1051 (Miss. Ct. App. 2008) (timeliness of notice of appeal is jurisdictional)
- Woods v. Victory Mktg. LLC, 111 So.3d 1234 (Miss. Ct. App. 2013) (Rule 60(b) relief is extraordinary; does not toll appeal)
- Bruce v. Bruce, 587 So.2d 898 (Miss. 1991) (Rule 60(b) relief is not a substitute for a timely appeal)
- S. Healthcare Servs. Inc. v. Lloyd’s of London, 110 So.3d 735 (Miss. 2013) (Rule 60(b) should not relitigate cases beyond original issues)