Telecom Tower Group, LLC v. Honeysuckle Creek Holdings, Inc.
130 So. 3d 135
| Miss. Ct. App. | 2013Background
- Honeysuckle sued Cross in Hinds County Chancery Court for breach of contract over the assignment of a leasehold interest in a telecom tower site.
- Telecom intervened, asserting Cross assigned its leasehold to Telecom and Telecom’s rights were superior to Honeysuckle’s.
- Chancery Court awarded Honeysuckle $44,925 in damages and $5,494.80 prejudgment interest, plus an equitable lien on the leasehold now owned by Telecom.
- Cross did not appeal the judgment; Telecom appeals the equitable lien and prejudgment interest ruling.
- Honeysuckle acquired the Washington site leasehold in February 2006; Cross contracted to assign the lease for $75,000 with conditions precedent including a signed Cingular lease and various property documents.
- Cross assigned the ground lease to Cross in November 2006, construction of the tower occurred in January 2007, and Cingular later signed a lease but initially did not honor the original agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Equitable lien on Telecom’s leasehold | Honeysuckle argues the lien is proper to prevent unjust enrichment. | Telecom contends no express agreement supports a lien on Telecom’s property. | Equitable lien supported; substantial evidence showed inequity if Cross benefited without paying Honeysuckle. |
| Prejudgment interest on damages | Honeysuckle seeks prejudgment interest on the awarded damages. | Telecom contends damages were unliquidated and interest may be improper. | Appeal on prejudgment interest waived; issue procedurally barred for being raised on appeal. |
Key Cases Cited
- Neyland v. Neyland, 482 So.2d 228 (Miss. 1986) (equitable liens reflect security or prevent unjust enrichment)
- Corp. Mgmt., Inc. v. Greene Cnty., 23 So.3d 454 (Miss. 2009) (limited review; factual findings upheld absent abuse)
- Tucker v. Prisock, 791 So.2d 190 (Miss. 2001) (standard for appellate review of chancery decisions)
- Biglane v. Under The Hill Corp., 949 So.2d 9 (Miss. 2007) (describes abuse of discretion standard)
- Fowler v. White, 85 So.3d 287 (Miss. 2012) (issues raised for the first time on appeal are generally barred)
- Triplett v. Mayor and Bd. of Aldermen of Vicksburg, 758 So.2d 399 (Miss. 2000) (principles on procedural default on appeal)