562 So. 2d 73 | Miss. | 1990
for the Court:
This case grows out of a dispute over family health insurance policies, and is before us on a motion by the defendant to dismiss the plaintiffs’ appeal. The parents and one child were plaintiffs, suing to collect hospital and medical expenses, with the insurance carrier defending and seeking to cancel the policies because of alleged false representations made by the appellants in the application. The parties entered into negotiations for settlement. There was a dispute as to whether an agreement was reached. As to the merits of that dispute we express no opinion, because the question is not before us.
On February 10, 1987, the trial court heard and decided a motion of plaintiffs’ original counsel to be relieved and for attorney fees, and a Motion to Enforce Settlement Agreement. All named parties to the action were before the court and represented by counsel. The judgment of the court was that the parties had settled the case. The court fixed certain attorney fees and ordered them paid. No appeal was taken from this judgment.
In July of 1987, one of the original lawyers for the plaintiffs, not having been paid, moved the court to require the order of February 10, 1987, to be carried out. An order “Sustaining the Motion to Enforce the Order of February 10, 1987” was entered, on July 22, 1987. The plaintiffs continued to refuse to carry out the settlement found by the February 1987, order to have been made. The unpaid attorneys, on August 28, 1987, filed another motion to carry out the February order. On October
The trial court also lost jurisdiction as to the merits, Miss.R.Civ.P. 59 and 60, but still retains jurisdiction to cause its orders to be executed. See Tuggle, supra. The only effect of the Court’s October 21, 1988, order was to enforce the February 1987 order.
The motion to dismiss the appeal is sustained.
MOTION TO DISMISS SUSTAINED.-
