Calvert v. Griggs

992 So. 2d 627, 2008 WL 4593586
CourtMississippi Supreme Court
DecidedOctober 16, 2008
Docket2007-CA-00102-SCT
StatusPublished
Cited by31 cases

This text of 992 So. 2d 627 (Calvert v. Griggs) 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
Calvert v. Griggs, 992 So. 2d 627, 2008 WL 4593586 (Mich. 2008).

Opinion

992 So.2d 627 (2008)

Leroy CALVERT, Jr.
v.
Brian D. GRIGGS and Tanya N. Griggs.

No. 2007-CA-00102-SCT.

Supreme Court of Mississippi.

October 16, 2008.

*629 Gary Street Goodwin, attorney for appellant.

Michelle D. Easterling, Thomas B. Storey, Jr., West Point, attorneys for appellees.

*630 Before WALLER, P.J., DICKINSON and RANDOLPH, JJ.

WALLER, Presiding Justice, for the Court.

¶ 1. This case involves a dispute between Bryan D. and Tanya N. Griggs and Leroy Calvert, Jr., over an easement which crosses the Griggses' property, which is Calvert's only means of access to a public road. The Griggses constructed a fence along this easement and planned eventually to install gates at each end. After Calvert destroyed portions of their fence, the Griggses filed suit seeking declaratory and injunctive relief. Calvert asserted a counterclaim to enjoin the Griggses from constructing a fence and to require them to remove any existing fencing as well as other improvements. The chancery court granted summary judgment to the Griggses. The court found that the Griggses could erect fences and gates, so long as Calvert was given keys to any locks. Calvert was enjoined from any further interference, and was assessed $11,396 in damages. Because we find genuine issues of material fact exist concerning the reasonableness and necessity of the Griggses' fence and gates, we reverse and remand.

FACTS

¶ 2. Leroy Calvert bought a residential parcel of property with no frontage near Hamlin Road in West Point, Mississippi. His deed contained an express easement, forty feet wide, which ran from his property, across the property of Bryan and Tanya Griggs, to Hamlin Road.[1] The Griggses' deed contained an express easement, as well.[2]

¶ 3. After his purchase, Calvert began building a house on the property. During this time, the Griggses began constructing a barbed-wire fence around their property. This fence ran the length of the easement and, according to Calvert, crossed it and "blocked" access to his house. The Griggses left a gap in the fence so that he could access his property. On two occasions, the fence prevented a "big truck" from accessing his property during the construction of his home. Aside from these two occasions, Calvert maintained access to his property via the easement.

¶ 4. The Griggses also intended to install gates at both ends of the easement, one at Hamlin Road and one at the boundary of Calvert's property. Calvert would be given keys to these gates. Calvert saw this as an attempt to "box" or "block in" the easement, and interfere with his right of passage.

¶ 5. After the Griggses erected the fence, Calvert cut the barbed wire and removed some of the fence posts along the easement. When the Griggses replaced the fencing, Calvert damaged it as well. *631 Prior to the commencement of this action, no gates had been erected.

¶ 6. On April 15, 2005, the Griggses filed a complaint for injunctive relief, damages, and a declaratory judgment. They sought (1) to enjoin Calvert from destroying the fence they had erected along their property line and his general easement, (2) to recover damages for Calvert's destruction of the fence, and (3) declaratory relief as to each parties' rights concerning the easement. Calvert filed a counterclaim to enjoin the Griggses from constructing the fence across his easement and to have them remove a gazebo and shrubbery which allegedly interfered with his use of the easement. The Griggses filed a motion for summary judgment.

¶ 7. Following a hearing, the chancellor granted summary judgment to the Griggses. The chancellor awarded $11,396.23 in damages to the Griggses and issued a declaratory judgment granting the Griggses permission to erect fences and gates at either end of the easement, conditioned on their furnishing Calvert with keys to any locks. The chancellor enjoined Calvert (1) to keep the gates closed and locked except when he accessed his property, (2) to keep vehicles or equipment from parking on the easement, and (3) to maintain the surface road on the easement. Several months later, the Griggses filed a second motion for summary judgment on Calvert's counterclaim, and moved for final judgment under Rule 54 of the Mississippi Rules of Civil Procedure. The chancellor granted the Griggses' second motion for summary judgment, and dismissed Calvert's counterclaim.

¶ 8. Calvert now appeals, raising one assignment of error: whether the chancellor erred in awarding summary judgment to the Griggses. The Griggses, however, contend that Calvert's appeal is untimely.

DISCUSSION

I. Whether Calvert's appeal is untimely.

¶ 9. A timely-filed notice of appeal is a jurisdictional prerequisite to invoking this Court's review, and we review jurisdictional matters de novo. Busby v. Anderson, 978 So.2d 637, 638-39 (Miss. 2008) (citing Miss. Dep't of Mental Health v. Hall, 936 So.2d 917, 929 (Miss.2006)); RAS Family Partners, LP v. Onnam Biloxi, LLC, 968 So.2d 926 (Miss.2007). The Griggses argue that Calvert's appeal from the summary judgment order entered on June 21, 2006, is untimely. We find this issue to be without merit.

¶ 10. An appeal to this Court may be taken as a matter of right only after the trial court disposes of all the claims against all defendants. Miss. R. Civ. P. 54(b); Briscoe's Foodland, Inc. v. Capital Associates, Inc., 502 So.2d 619, 622 (Miss. 1986). "Absent certification under Rule 54(b), any order in a multiple party or multiple claim action, even if it appears to adjudicate a separable portion of the controversy, is interlocutory." Miss. R. Civ. P. 54 cmt. At the hearing on the Griggses' first motion for summary judgment, the chancellor reserved ruling on the counterclaim. After the chancellor granted the Griggses' first motion for summary judgment, they filed a second motion for summary judgment on Calvert's counterclaim and sought certification of a final judgment. The chancellor's December 18, 2006, order subsequently disposed of Calvert's counterclaim. Notably, the December 18 order also stated that "[t]he [s]ummary [j]udgment of this court dated June 21, 2006, is hereby made the final judgment of this court under Rule 54 MRCP. . . ." When a trial court certifies a claim for appeal under Rule 54(b), the time for taking the appeal begins to run on the *632 date of certification. 10 C. Wright, A. Miller & M. Kane, Federal Practice and Procedure § 2661, at 128 (2d ed.1983). Therefore, we find that the chancellor's December 18 order constituted the final, appealable judgment. Because Calvert's appeal was filed within thirty days of this December 18 order, we find his appeal to be timely.

II. Whether the chancellor erred in awarding summary judgment to the Griggses.

¶ 11. This Court reviews a trial court's grant of summary judgment de novo. Callicutt v. Prof'l Servs. of Potts Camp, Inc., 974 So.2d 216, 219 (Miss.2007). In evaluating a grant of summary judgment, we consider all evidentiary matters, including admissions in pleadings, answers to interrogatories, depositions, admissions, and affidavits. Glover v. Jackson State University, 968 So.2d 1267, 1275 (Miss. 2007) (citing Miss. R. Civ. P. 56(c)). This evidence must be viewed in the light most favorable to the non-moving party. Simpson v. Boyd, 880 So.2d 1047, 1050 (Miss.2004) (quoting Palmer v. Anderson Infirmary Benevolent Ass'n, 656 So.2d 790, 794 (Miss.1995)). The existence of a genuine issue of material fact will preclude summary judgment. Massey v.

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992 So. 2d 627, 2008 WL 4593586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calvert-v-griggs-miss-2008.