Robert W. STRATTON, Sr. v. Jerry MCKEY
204 So. 3d 1245
| Miss. | 2016Background
- Stratton left an antique 1949 truck at John Shivers’s repair shop without a written storage agreement; Shivers later sold the business to McKey, and the truck remained on the property.
- In April 2009 Stratton requested return of the truck; McKey demanded unpaid storage fees. Stratton refused to pay and filed a replevin action without bond in October 2011 seeking possession.
- At a bench trial the circuit court orally ruled in Stratton’s favor and awarded him possession, but conditioned possession on Stratton paying McKey $880 within 30 days and stated that failing payment would render the truck abandoned to McKey.
- The circuit court later entered a final order denying Stratton’s replevin (because Stratton did not comply with the oral condition), and Stratton appealed; the Court of Appeals affirmed for reasons tied to conversations about storage fees.
- The Mississippi Supreme Court granted certiorari and reversed: it held the circuit court violated Stratton’s due process by awarding McKey storage damages when McKey never filed a responsive pleading or separate claim putting Stratton on notice that damages were sought; the Supreme Court rendered judgment awarding possession to Stratton.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a defendant who files no answer or counterclaim may receive a monetary award (storage fees) in a replevin action under §11-37-131 | Stratton: Court cannot condition possession on paying damages McKey never pleaded; lack of notice violates due process | McKey: Appearance at hearing and testimony suffice to support award of storage fees in replevin | Court: Reversed — awarding damages without a responsive pleading violated due process; cannot award storage fees here without notice/counterclaim |
| Whether Stratton can recover actual/punitive damages for wrongful detention of the truck | Stratton: Seeks damages for loss of use, preservation, restoration, and display/sale; requests per-day actual/punitive sums | McKey: Did not pursue damages by pleading; relied on storage-fee defense | Court: Denied — Stratton did not present evidence of damages at trial and statutory scheme for §11-37-131 does not authorize such damages; no basis to award them here |
Key Cases Cited
- City of Jackson v. Presley, 40 So. 3d 520 (Miss. 2010) (standard of review for bench-trial factual findings)
- Branaman v. Long Beach Water Mgmt. Dist., 730 So. 2d 1146 (Miss. 1999) (due process requires notice and meaningful opportunity to be heard before deprivation of important rights)
- Reasor v. Jordan, 110 So. 3d 307 (Miss. 2013) (absence of service of process offends due process)
- Standard Fin. Corp. v. Breland, 163 So. 2d 232 (Miss. 1964) (observations on the difficulties inherent in replevin suits)
- Cain v. Robinson, 523 So. 2d 29 (Miss. 1988) (discussing damages for wrongful detention in replevin context)