Gloria Moody v. Harrison County Board of Supervisors
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2002-CA-01399-COA
GLORIA MOODY
APPELLANT
v.
HARRISON COUNTY BOARD OF SUPERVISORS
DATE OF TRIAL COURT JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLEE
7/25/2002
HON. JERRY O. TERRY, SR.
HARRISON COUNTY CIRCUIT COURT
RICKY O. AMOS
KAREN J. YOUNG
CIVIL - PERSONAL INJURY
SUMMARY JUDGMENT IN FAVOR OF THE
HARRISON COUNTY BOARD OF
SUPERVISORS
DISMISSED AND REMANDED - 03/09/2004
BEFORE MCMILLIN, C.J., IRVING AND MYERS, JJ.
MCMILLIN, C.J., FOR THE COURT:
¶1.
This matter is before this Court on a notice of appeal filed by Gloria Moody, the plaintiff in the
action below, indicating her desire to obtain appellate review of a decision by the trial court to grant
summary judgment in favor of the Harrison County Board of Supervisors, one of two named defendants
in her complaint. The action was commenced as a personal injury action against Harrison County and the
Mississippi Department of Human Services and arose out of an incident where Moody claims she was
injured when a chair collapsed under her while she was in the DHS office in Harrison County.
¶2.
At the outset of our review, we observe this Court’s obligation to consider issues affecting its
jurisdiction to decide matters brought before it whether or not the parties raise the issue. E.g., Gilchrist
v. Veach, 754 So.2d 1172 (¶5) (Miss. 2000).
¶3.
In furtherance of that obligation, the Court notes the following circumstances. There are two
defendants in this action; namely, the Harrison County Board of Supervisors and the Mississippi
Department of Human Services. The Mississippi Department of Human Services has appeared separately
in the proceeding and is represented by separate counsel. The motion for summary judgment was filed
solely by the Harrison County Board of Supervisors and was not joined in by the Mississippi Department
of Human Services. The motion, in fact, raises issues that have no particular relevance regarding the
legitimacy of Moody’s claim against the Department of Human Services. The order granting summary
judgment applies, on its face, solely to the Harrison County Board of Supervisors. The order does not
make an express determination that there is no just reason for delay in entering the order as a final judgment
as to the Harrison County Board of Supervisors nor does it expressly direct the entry of this order as a final
judgment. Under the provisions of Mississippi Rule of Civil Procedure 54(b), the order is “subject to
revision at any time” by the circuit court and, thus, is interlocutory in nature. Interlocutory orders are not
appealable unless express permission to do so has been obtained under the provisions of Mississippi Rule
of Appellate Procedure 5. M.R.A.P. 5; Stringer v. Am. Bankers Ins. Co. of Florida, 822 So.2d 1011
(¶13) (Miss. Ct. App. 2002). No such permission for an interlocutory appeal has been sought or obtained
in this proceeding.
¶4.
As recently as October 2002, the Mississippi Supreme Court has said, in a similar situation that
“[b]ecause the order of dismissal neither explicitly dismissed all of the defendants in the action, nor was it
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certified as a final judgment under M.R.C.P. 54(b), the appeal is not properly before the Court and must
be dismissed.” Salts v. Gulf Nat’l. Life Ins. Co., 849 So.2d 848 (¶2) (Miss. 2002).
¶5.
THIS APPEAL IS DISMISSED FOR LACK OF JURISDICTION AND THE MATTER
IS REMANDED TO THE CIRCUIT COURT OF HARRISON COUNTY FOR FURTHER
PROCEEDINGS CONSISTENT WITH THE TERMS OF THIS OPINION. ALL COSTS OF
THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE, IRVING, MYERS,
CHANDLER AND GRIFFIS, JJ., CONCUR.
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