Brewer v. Raper

Mississippi Supreme Court

Brewer v. Raper

937 So. 2d 944, 2006 WL 2567017

CourtMississippi Supreme Court

DecidedSeptember 7, 2006

DocketNo. 2005-CA-01180-SCT

StatusPublished

This text of 937 So. 2d 944 (Brewer v. Raper) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brewer v. Raper, 937 So. 2d 944, 2006 WL 2567017 (Mich. 2006).

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Opinion

ORDER

This matter came before this Court, sitting en banc, to consider whether this ap[945]*945peal 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 Talla-hatchie 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.

/s/ Chuck Easley

Chuck Easley, Justice

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ORDER

This matter came before this Court, sitting en banc, to consider whether this ap[945]*945peal 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 Talla-hatchie 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.

/s/ Chuck Easley

Chuck Easley, Justice

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Bluebook (online)

937 So. 2d 944, 2006 WL 2567017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brewer-v-raper-miss-2006.