Delta and Pine Land Co. v. Burns

926 So. 2d 901, 2006 WL 1029320
CourtMississippi Supreme Court
DecidedApril 20, 2006
Docket2004-IA-02558-SCT, 2004-IA-02560-SCT to 2004-IA-02565-SCT
StatusPublished
Cited by1 cases

This text of 926 So. 2d 901 (Delta and Pine Land Co. v. Burns) 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
Delta and Pine Land Co. v. Burns, 926 So. 2d 901, 2006 WL 1029320 (Mich. 2006).

Opinion

926 So.2d 901 (2006)

DELTA AND PINE LAND COMPANY
v.
Reginald BURNS.
Delta and Pine Land Company
v.
Carlos Harris.
Delta and Pine Land Company
v.
Vernon Smith.
Delta and Pine Land Company.
v.
Milton Boyd.
Delta and Pine Land Company
v.
Tommie Gray.
Delta and Pine Land Company
v.
Rodney Burns.
Delta and Pine Land Company
v.
Horace Anderson.

Nos. 2004-IA-02558-SCT, 2004-IA-02560-SCT to 2004-IA-02565-SCT.

Supreme Court of Mississippi.

April 20, 2006.

*902 Stephen L. Thomas, Margaret Oertling Cupples, Danielle Daigle Ireland, Jackson, Edward Blackmon, Canton, John D. Brady, Columbus, attorneys for appellant.

Mark Thomas McLeod, Mitchell Harry Tyner, Sr., Ridgeland, attorneys for appellees.

EN BANC.

DICKINSON, Justice, for the Court.

¶ 1. In these seven consolidated lawsuits brought by numerous farmers against Delta and Pine Land Company ("DPL"), the question presented is whether the farmers who brought suit for poor cotton crop production were required by Miss.Code Ann. Section 69-3-19(3)(e) (1999) ("the Seed Act") to file an administrative complaint prior to bringing suit.

BACKGROUND FACTS AND PROCEEDINGS

¶ 2. This appeal arises from a lawsuit filed in the Circuit Court of Holmes County on March 14, 2002, by fifty-six plaintiffs against DPL. The seven Appellees before us, along with the other forty-nine plaintiffs, are farmers who purchased and planted the "NuCotn 33B" cotton seed variety produced by DPL during the 1999 crop season. The farmers allege that the NuCotn 33B seed was "inferior seed, causing [them] to obtain cotton yields substantially less than what they would have obtained had the seed been of proper quality."

¶ 3. On August 11, 2004, DPL filed a number of motions in the trial court, including a Motion to Sever Plaintiffs' Claims and to Transfer Venue, a Motion to Dismiss, a Motion to Enforce Forum Selection Clause, a Motion to Enforce Limitation of Remedies Clauses, and a Motion to Dismiss Warranty Claims. On December 17, 2004, following a hearing on these motions, the circuit court entered an Order severing the plaintiffs' claims and transferring the claims of certain plaintiffs to other venues. Additionally, in each of the severed cases in which Holmes County was a proper venue, the trial court denied DPL's remaining motions but certified its denials of the motions to dismiss for interlocutory review under former Mississippi Rule of Appellate Procedure 5(a). Thereafter, DPL filed its petitions for permission to bring interlocutory appeals, and on January 24, 2005, this Court granted DPL's petitions for permission to bring interlocutory appeals and its motions to consolidate the seven interlocutory appeals.

DISCUSSION

¶ 4. Mississippi, like many other agricultural states,[1] has adopted a Seed Act which establishes labeling requirements for agricultural seed distributed in the state. See Miss.Code Ann. § 69-3-1 et seq. The Seed Act provides that, before a consumer can sue a distributor of agricultural seed for alleged failure of the seed to perform as represented by the label or labeling, the consumer must first file an administrative complaint with the Mississippi Department of Agriculture ("MDA") "within such time *903 as to permit inspection of the crops." Miss.Code Ann. § 69-3-19(3)(e)(i) (1999). Specifically, the Seed Act provides:

As a prerequisite to filing a cause of action against a seedsman, a consumer who is damaged by the failure of agricultural, vegetable, flower or forest tree seed to produce or perform as represented by the label attached to such seed under the provisions of Section 69-3-5, Mississippi Code of 1972, shall make a sworn complaint against such seedsman alleging damages sustained. The complaint shall be filed with [MDA] and [MDA] shall send a copy of the complaint to the seedsman by certified mail, within such time as to permit inspection of the crops, plants or trees by the seed arbitration council or its representatives and by the seedsman from whom the seed was purchased.

Miss.Code Ann. § 69-3-19(3)(e)(i) (1999).[2]

¶ 5. In order to enforce its provisions, the Seed Act requires a seedsman to notify consumers of the mandatory arbitration requirement as follows:

Language setting forth the requirement for filing and serving such complaint shall be legibly typed or printed on the seed packages or the analysis label attached to the packing containing the seed at the time of purchase by the consumer as follows:
"NOTICE: As a prerequisite to maintaining a legal action based upon the failure of seed to which this label is attached to produce as represented, a consumer shall file a sworn complaint with the Commissioner of Agriculture and Commerce within such time as to permit inspection of the crops, plants or trees."
If language setting forth the requirement is not so placed on the seed package or analysis label, the filing and serving of a complaint under this paragraph is not required.

Miss.Code Ann. § 69-3-19(3)(e)(ii) (1999).

¶ 6. In compliance with this statute, each bag of NuCotn 33B sold in 1999 contained a NOTICE TO BUYER, which provided, in pertinent part:

The seed laws of several states including... Mississippi ... require arbitration, conciliation or mediation of disputes based upon alleged failure of the seed to properly produce or perform as represented by the label or labeling before certain legal actions may be maintained against a seller. A timely complaint .. . with the required filing fee (where applicable) must be filed with the Department of Agriculture, State Plant Board, Seed Commission or other applicable officials as required by state law within such time to allow the inspection of seed, crops, or plants by designated agency.

¶ 7. The plaintiffs assert that the NuCotn seed they purchased and planted in 1999 was defective, causing them to experience an abnormally low cotton yield. The complaint alleges negligence, breach of implied warranty of merchantability, breach of warranty of fitness for a particular purpose, breach of express warranties, gross negligence, fraud, intentional interference with prospective economic opportunities, *904 and tortious interference with a business relationship.

¶ 8. DPL contends the trial court committed error by denying its motion to dismiss. The plaintiffs assert that the trial court's denial was proper because their First Amended Complaint does not allege damage due to the failure of the seed "to produce or perform as represented by the label." Thus, the plaintiffs claim they were not required to file an administrative complaint prior to filing suit.

¶ 9. The issue presented by DPL is:

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Related

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948 So. 2d 509 (Court of Appeals of Mississippi, 2007)

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Bluebook (online)
926 So. 2d 901, 2006 WL 1029320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delta-and-pine-land-co-v-burns-miss-2006.