Melvin Brewer v. Sidney H. Raper
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Serial: 133882
IN THE SUPREME COURT OF MISSISSIPPI
No. 2005-CA-01180-SCT
MELVIN BREWER
Appellant
v.
SIDNEY H. RAPER
Appellee
ORDER
This matter came before this Court, sitting en banc, to consider whether this appeal should
be dismissed for failure to comply with the requirements of M.R.C.P. 54(b) for certification. The
record provides that a partial summary judgment was granted by the Circuit Court of Tallahatchie
County, Mississippi, in favor of Sidney Raper against Melvin Brewer. The Appellant, Brewer, filed
a motion for Rule 54(b) certification. However, a review of the record provides that Brewer never
obtained an order from the circuit court granting the required Rule 54(b) certification in this case.
Accordingly, we find that Brewer’s appeal is not properly before this Court and should be dismissed.
IT IS THEREFORE ORDERED that this appeal is hereby dismissed for failure to obtain an
order of certification from the circuit court pursuant to M.R.C.P. 54(b). Brewer is taxed with costs
of appeal.
IT IS FURTHER ORDERED that the Appellant’s motion to strike certain statements from
the Appellee’s statement of facts is moot and hereby denied.
SO ORDERED, this the 6th day of September, 2006.
/s/ Chuck Easley
CHUCK EASLEY, JUSTICE
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