DeSoto Times Today v. Memphis Publishing Co.

991 So. 2d 609, 37 Media L. Rep. (BNA) 1105, 2008 Miss. LEXIS 455, 2008 WL 4254686
CourtMississippi Supreme Court
DecidedSeptember 18, 2008
Docket2007-CA-01381-SCT
StatusPublished
Cited by8 cases

This text of 991 So. 2d 609 (DeSoto Times Today v. Memphis Publishing Co.) 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
DeSoto Times Today v. Memphis Publishing Co., 991 So. 2d 609, 37 Media L. Rep. (BNA) 1105, 2008 Miss. LEXIS 455, 2008 WL 4254686 (Mich. 2008).

Opinion

991 So.2d 609 (2008)

DESOTO TIMES TODAY
v.
MEMPHIS PUBLISHING COMPANY.

No. 2007-CA-01381-SCT.

Supreme Court of Mississippi.

September 18, 2008.

*610 Mary Lynn Damare', attorney for appellant.

Lucian T. Pera, John S. Hooks, Jackson, attorneys for appellee.

EN BANC.

WALLER, Presiding Justice, for the Court.

¶ 1. The DeSoto Times Today appeals the DeSoto County Circuit Court's ruling that The DeSoto Appeal is a newspaper qualified to publish legal notices within the meaning of Section 13-3-31 of the Mississippi Code Annotated (Rev.2002). Finding no error, we affirm.

FACTS AND PROCEEDINGS

¶ 2. The DeSoto County Board of Supervisors sought a declaratory judgment as to whether The DeSoto Appeal is a newspaper qualified to publish legal notices for DeSoto County within the meaning of Section 13-3-31 of the Mississippi Code Annotated (Rev.2002).[1] The complaint named as co-defendants Memphis Publishing Company, publisher of The DeSoto Appeal (hereinafter, "The Appeal")[2]; PH Publishing *611 LLC, publisher of The DeSoto Times Today (hereinafter, "The Times"); and David Grisham, publisher of The DeSoto County Tribune.[3]

¶ 3. At trial, The Appeal provided evidence that its approximate daily circulation in DeSoto County was 15,000 newspapers, with up to 22,000 on Sundays, and that it maintained a list of all subscribers categorized by delivery type. The monthly subscription price for The Appeal is $17.50 for the daily paper, and just over $12.00 for weekends only. The Appeal maintains a business office in Southaven, Mississippi, which is located in DeSoto County. Approximately twenty employees work at the Southaven office, covering a full range of publication duties. The Appeal has been in operation for almost four years.

¶ 4. The trial court found that The Appeal is qualified under Section 13-3-31 to publish legal notices within DeSoto County. The Times appeals this judgment,[4] raising the following issues:

(1) whether the trial court erred in finding that The Appeal is qualified under Section 13-3-31 to publish legal notices and (2) whether the trial court erred in failing to consider whether The Appeal was a separate newspaper from The Commercial Appeal. Because these two issues are interrelated, we address them together under Issue II.

¶ 5. Although no cross-appeal was filed, The Appeal challenges The Times' standing to file this appeal. Because standing is jurisdictional and may be considered by this Court sua sponte, we will address this issue as well. City of Madison v. Bryan, 763 So.2d 162, 166 (Miss.2000) (citing Williams v. Stevens, 390 So.2d 1012, 1014 (Miss.1980)).

DISCUSSION

I. Whether The Times had standing to appeal.

¶ 6. The standing of a party to an appeal is a question of law reviewed under a de novo standard. Dep't of Human Servs. v. Gaddis, 730 So.2d 1116, 1117 (Miss.1998); T.M. v. Noblitt, 650 So.2d 1340, 1342 (Miss.1995); Miss. State Dep't of Human Servs. v. Barnett, 633 So.2d 430, 434 (Miss.1993); UHS-Qualicare, Inc. v. Gulf Coast Cmty. Hosp., Inc., 525 So.2d 746, 754 (Miss.1987). "[S]tanding is a `jurisdictional issue which may be raised by any party or the Court at any time.'" City of Madison, 763 So.2d at 166 (quoting Williams, 390 So.2d at 1014).

¶ 7. The Appeal asserts that The Times, as an unnecessary codefendant, does not have standing to appeal a declaratory judgment which affects only the legal rights of The Appeal. Further, The Appeal claims that The Times lacks standing because no actionable controversy exists between The Appeal and The Times.[5]The *612 Times counters that it was not only a necessary party, but an adverse party as well. The Times asserts that the circuit court's ruling was adverse to its monetary interest.

¶ 8. Mississippi's standing requirements are broad. See Dunn v. Miss. State Dep't of Health, 708 So.2d 67, 70 (Miss.1998). Unlike the federal rules, which are more strict, Mississippi parties have standing to "sue or intervene when they assert a colorable interest in the subject matter of the litigation or experience an adverse effect from the conduct of the defendant, or as otherwise authorized by law." Fordice v. Bryan, 651 So.2d 998, 1003 (Miss.1995) (quoting State ex rel. Moore v. Molpus, 578 So.2d 624, 632 (Miss. 1991)); see also Mississippi Gaming Comm'n v. Board of Educ., 691 So.2d 452, 460-61 (Miss.1997); Harrison County v. City of Gulfport, 557 So.2d 780, 782 (Miss. 1990); Dye v. State ex rel. Hale, 507 So.2d 332, 338 (Miss.1987).

¶ 9. For support, The Appeal cites a case from the Mississippi Court of Appeals. In S & F Publishing Co., Inc. v. Gulf Publishing Co., 760 So.2d 38 (Miss.Ct.App. 2000), one newspaper filed a declaratory judgment action against another newspaper, seeking a determination of rights under Sections 13-3-31 and 13-3-32 of the Mississippi Code. Id. at 39. The Court of Appeals found that neither newspaper had standing against the other in a declaratory judgment action concerning status under either statute. Id. at 41.

This case represents a running feud between business competitors that, on the issues presented in this case, could never ripen into a situation where either could obtain a coercive remedy against the other. To the extent that either litigant felt itself wrongfully deprived of the right to compete for the legal notice publishing business of a governmental body within the borders of Harrison County, the coercive legal remedy would be against the public body contracting for the publication and not against the company that obtained the contract.

Id.

¶ 10. The case before us is factually similar but different procedurally. Here, The Times did not file a complaint against The Appeal. Rather, DeSoto County filed suit and named The Times and The Appeal as co-defendants. Unlike S & F Publishing Co., Inc., the governing body contracting for publication was a party to the action. See id. at 41. Furthermore, "[a]n appeal may be taken to the Supreme Court from any final judgment of a circuit or chancery court in a civil case, not being a judgment by default, by any of the parties or legal representatives of such parties. . . ." Miss.Code Ann. § 11-51-3 (Rev.2004) (emphasis added).

¶ 11. We find that The Times has standing to appeal.

II. Whether the trial court erred in finding that The Appeal is qualified to publish legal notices.

A. Whether The Appeal is a separate newspaper from The Commercial Appeal.

¶ 12. "When reviewing questions of law, this Court employs a de novo standard of review and will only reverse for an erroneous interpretation or application of the law." Gannett River States Publ'g Corp. v. City of Jackson, 866 So.2d 462, 465 (Miss.2004) (citing Morgan v. West, 812 So.2d 987, 990 (Miss.2002)).

¶ 13. The Times argues that the trial court erred by applying Section 13-3-31 before first determining whether The Appeal is simply a section or insert of The Commercial Appeal.

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991 So. 2d 609, 37 Media L. Rep. (BNA) 1105, 2008 Miss. LEXIS 455, 2008 WL 4254686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desoto-times-today-v-memphis-publishing-co-miss-2008.