Greater Canton Ford Mercury, Inc. v. Lane

997 So. 2d 198, 2008 Miss. LEXIS 517, 2008 WL 4593692
CourtMississippi Supreme Court
DecidedOctober 16, 2008
Docket2007-CA-00952-SCT
StatusPublished
Cited by18 cases

This text of 997 So. 2d 198 (Greater Canton Ford Mercury, Inc. v. Lane) 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
Greater Canton Ford Mercury, Inc. v. Lane, 997 So. 2d 198, 2008 Miss. LEXIS 517, 2008 WL 4593692 (Mich. 2008).

Opinion

997 So.2d 198 (2008)

GREATER CANTON FORD MERCURY, INC.
v.
Pearl Lee LANE.

No. 2007-CA-00952-SCT.

Supreme Court of Mississippi.

October 16, 2008.
Rehearing Denied January 8, 2009.

*200 Thomas A. Wicker, Tupelo, attorney for appellant.

J. Peyton Randolph, II, Jackson, Benjamin R. Henley, attorneys for appellee.

EN BANC.

LAMAR, Justice, for the Court.

¶ 1. In this default judgment case, we consider whether the trial court erred in denying Defendant Greater Canton Ford Mercury, Inc.'s Motion to Set Aside Default Judgment and whether the evidence supports the awarded actual, noneconomic, and punitive damages. While we find the trial court did not err in denying the Motion to Set Aside Default Judgment, the record does not contain evidence supporting the damages award. Therefore, we affirm the liability of Greater Canton but vacate the damages award and remand for a damages hearing on the record.

FACTS AND PROCEEDINGS BELOW

¶ 2. On July 23, 2003, Pearl Lane filed a complaint against Greater Canton, alleging that Greater Canton had failed to honor an extended warranty that Lane had purchased with her 1997 Mercury Sable. Lane specifically alleged that Greater Canton had refused to perform maintenance work on the Mercury Sable even though the extended warranty covered such repairs. The extended warranty covered the Mercury Sable for twenty-four months or 24,000 miles, and the warranty cost $1,060. Lane purchased the Mercury Sable and extended warranty on March 26, 2002. Lane attached a copy of the contract, which covered the purchase of the Mercury Sable and the extended warranty, to her complaint.

¶ 3. In her complaint, Lane asserted the following: breach of contract, fraud, bad faith, intentional infliction of emotional distress, negligent infliction of emotional distress, and breach of duty of good faith and fair dealing. Lane also requested that the trial court award her punitive damages and damages for the following: damage to credit reputation, loss of transportation, severe emotional distress, breach-of-contract damages, breach-of-warranty damages, and loss of income. Lane requested the court award her not less than five million dollars.

¶ 4. Greater Canton was served through its registered agent, C.T. Corporation Systems, with summons and complaint on July 25, 2003. The summons clearly instructed Greater Canton to respond to the complaint within thirty days from the date of delivery of the summons and complaint, or Lane would pursue a default judgment. Greater Canton failed to answer within thirty days, and Lane filed an Application to Clerk for Entry of Default and Supporting *201 Affidavit on September 12, 2003. In the Supporting Affidavit, Lane's attorney requested a hearing to determine the amount of damages, since Lane sought unliquidated damages.

¶ 5. The circuit clerk entered a Docket Entry of Default on September 12, 2003. Lane filed her Motion for Default Judgment and to Set Damages on August 26, 2005. In her Motion for Default Judgment, Lane reiterated that she sought unliquidated damages, which were to be determined at a hearing set for September 12, 2005, before Judge William E. Chapman, III.

¶ 6. Judge Chapman granted default judgment on September 12, 2005. The default judgment contained the following language: "A hearing on damages was held on the 12 Day of September 2005. Evidence was received and testimony by the Plaintiff and her witness were had." Judge Chapman awarded Lane $15,000 in actual damages, $10,000 in non-economic damages, $135,000 in punitive damages, and $120 in costs, for a total of $160,120. No record was made of the hearing, and Judge Chapman did not provide any grounds for his decision to grant the default judgment.

¶ 7. Greater Canton apparently first learned that a default judgment had been entered against it when Lane tried to substitute three of its officers and directors as defendants for satisfaction of the awarded damages.[1] On June 28, 2006, Greater Canton filed a Motion to Set Aside Default Judgment. In its motion, Greater Canton simply asserted that C.T. Corporation forwarded the summons and complaint to Alegnani & Company, P.C., in Dallas, Texas. According to Greater Canton, it was in liquidation in July 2003, and Alegnani was an accounting firm handling its business affairs. Alegnani then sent the summons and complaint to Greater Canton's insurer, Universal Underwriters. Greater Canton averred that either Universal did not receive the summons and complaint or its insurer misplaced it. Greater Canton stated that it never received the summons and complaint, so its failure to answer was "excusable neglect." Greater Canton contended that it had a "good and valid defense to the claims asserted ... including the defenses of waiver, equitable estoppel, performance of the contract and warranties, tender of performance of the contract and warranties, and failure of the Plaintiff to afford the Defendant reasonable opportunity to cure any alleged breach of warranty." Greater Canton also averred that the punitive damages awarded to Lane violated the due process provisions of the United States and Mississippi Constitutions, while all the awarded damages were unreasonable and unsupported by the evidence.

¶ 8. On August 7, 2006, Lane filed her Response to Defendant's Motion to Set Aside Default Judgment. In her Response, Lane analyzed whether the trial court should set aside the default judgment under applicable Mississippi law. With her response, Lane also submitted a personal affidavit and an affidavit by her attorney. The affidavits detailed the prejudice Lane would suffer if the default judgment was set aside. In his affidavit, Lane's attorney listed various witnesses whom he could not locate or who had died. Both Lane and her attorney swore that *202 other (unnamed witnesses) could not remember events, and Lane asserted that she could no longer remember details and events. Additionally, Lane and her attorney stated that evidence was no longer available, but they did not specify what type of evidence was available.

¶ 9. On January 23, 2007, counsel for Lane filed a Notice of Motion Hearing, which set the hearing date for the Motion to Set Aside Default Judgment as March 26, 2007. No record was made of this hearing.

¶ 10. On March 26, 2007, Greater Canton filed a Supplemental Motion to Set Aside Default Judgment. Attached to the supplemental motion were two exhibits. The first exhibit was Greater Canton's Answer and Defenses, and the second exhibit was an affidavit by Wanda Patrick, a former office manager of Greater Canton. In its Answer and Defenses, Greater Canton admitted that it had sold an extended warranty covering the 1997 Mercury Sable to Lane. Greater Canton also admitted that Lane had attached a true and correct copy of the Finance Agreement to the Complaint. Wanda Patrick stated that she was "the office manager of Greater Canton Ford Mercury, Inc., and ... familiar with the business records kept and maintained by said corporation." Patrick contended that Lane had cancelled the extended warranty and had been awarded a full refund prior to any requested repairs. Patrick's statements were made in reliance upon an attached cancellation worksheet.

¶ 11. On May 14, 2007, the circuit clerk filed an order in which Judge Chapman simply denied Greater Canton's Motion to Set Aside Default Judgment. In his order, Judge Chapman stated he reached his conclusion after "receiving evidence and argument of counsel" but he did not provide any grounds for his decision.

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Cite This Page — Counsel Stack

Bluebook (online)
997 So. 2d 198, 2008 Miss. LEXIS 517, 2008 WL 4593692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greater-canton-ford-mercury-inc-v-lane-miss-2008.