Hayes v. LEFLORE COUNTY BD. OF SUP'RS

935 So. 2d 1015, 2006 WL 2373166
CourtMississippi Supreme Court
DecidedAugust 17, 2006
Docket2004-CT-00759-SCT
StatusPublished
Cited by9 cases

This text of 935 So. 2d 1015 (Hayes v. LEFLORE COUNTY BD. OF SUP'RS) 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
Hayes v. LEFLORE COUNTY BD. OF SUP'RS, 935 So. 2d 1015, 2006 WL 2373166 (Mich. 2006).

Opinion

935 So.2d 1015 (2006)

Jack HAYES and George S. Whitten, Sr.
v.
LEFLORE COUNTY BOARD OF SUPERVISORS.

No. 2004-CT-00759-SCT.

Supreme Court of Mississippi.

August 17, 2006.

*1016 George S. Whitten, Jr., attorney for appellants.

Willie James Perkins, Sr., Greenwood, attorney for appellee.

EN BANC.

SMITH, Chief Justice, for the Court.

¶ 1. The motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted therefor.

FACTS AND PROCEDURAL HISTORY

¶ 2. On November 14, 1995, an order was entered into the minute books of the Leflore County Board of Supervisors ("Board").[1] This order reflected that all five members of the Board agreed to authorize the exchange of lands between Leflore County ("County") and two companies, Gold Kist and Scott Petroleum. The order also included incentives from the County, including the construction of a rail spur track, easements, and an ad valorem tax exemption. Phil Wolfe, a member of the Board, claimed the Board neither considered, discussed, nor approved the 1995 order. On April 17, 1998, he filed a petition for injunctive relief in the Leflore County Chancery Court against the Board and County under the Open Meetings Act, Mississippi Code Annotated Section 25-41-1, et seq. (Rev.2003) ("Open Meetings Suit"). Wolfe requested the chancellor purge the order from the minute books and enjoin the enforcement of the order, or in the alternative, remove his name from the recorded vote. Gold Kist filed an answer and cross petition in June 1998, as did Scott Petroleum.

¶ 3. While Wolfe's case was pending, Southern States Cooperative ("Southern") purchased the land obtained by Gold Kist in the 1995 order. Because Wolfe's suit was a cloud on Southern's title to the land, Southern filed suit in late 2002 to quiet and confirm title, naming Wolfe as a defendant ("Quiet Title Suit"). On March 7, 2003, in an agreed order entered in Southern's suit, Wolfe agreed to dismiss any claims pending in his Open Meetings Suit against the Board and County. In exchange, Wolfe would be released from Southern's Quiet Title Suit.

¶ 4. After learning that Wolfe was dismissing his suit, Harold Emerson, Jack Hayes, and George S. Whitten, Sr. (collectively "Hayes"), filed a motion on March 21, 2003, to intervene in Wolfe's Open Meetings Suit under Mississippi Rule of Civil Procedure 24(a)(2). Like Wolfe, Hayes alleged the 1995 order was not an action taken by the Board. Hayes requested an injunction commanding the Board to purge the 1995 order from its minutes or a decree that would strike the 1995 order from the Board's minutes.

¶ 5. On May 5, 2003, the chancellor entered an order dismissing Wolfe's Open Meetings Suit with prejudice. When Hayes challenged the dismissal in a motion for relief, the chancellor pointed to the March 7, 2003, order in Southern's Quiet *1017 Title Suit wherein Wolfe had agreed to dismiss his Open Meetings Suit. The chancellor ruled that Hayes had no basis for a Rule 24(a)(2) motion to intervene because Wolfe already had agreed to dismiss his Open Meetings Suit on March 7, 2003.

¶ 6. Hayes appealed, and in a 7-0 vote, the Court of Appeals reversed, finding Hayes's motion to intervene was timely and that Hayes should have been allowed to intervene. Hayes, 2005 WL 1870252, at *3, 935 So.2d at 1029. The Court of Appeals based its decision on the fact that although Wolfe signed March 2003 order in the Quiet Title Suit, there was no record of dismissal filed in the Open Meetings Suit until May 2003. Id. Leflore County filed a Petition for Writ of Certiorari to this Court, which we granted. We disagree with the Court of Appeals' finding that Hayes filed his motion to intervene before the Open Meetings Suit was dismissed. For the reasons set forth below, we reverse the Court of Appeals' judgment and reinstate and affirm the chancellor's decision to dismiss Hayes's petition.

STANDARD OF REVIEW

¶ 7 "[A] trial court has considerable discretion in ruling on a motion to intervene." City of Tupelo v. Martin, 747 So.2d 822, 826 (Miss.1999) (citing Cummings v. Benderman, 681 So.2d 97, 101 (Miss.1996); Guaranty Nat'l Ins. Co. v. Pittman, 501 So.2d 377, 381 n. 1 (Miss. 1987)). "The standard of review of a chancellor's denial of a motion to intervene is abuse of discretion." Cohen v. Cohen, 748 So.2d 91, 93 (Miss.1999) (citing Perry County v. Ferguson, 618 So.2d 1270, 1271-72 (Miss.1993)).

DISCUSSION

¶ 8. One of many issues on appeal is whether Wolfe's Open Meetings Suit closed so as to prevent Hayes from intervening under Rule 24(a)(2). Stated differently, the preliminary issue is whether the chancellor's March 7, 2003, order, which was entered in the Quiet Title Suit, was sufficient to dispose of the Open Meetings Suit. The County asserts, and the chancellor agreed, that Hayes has no basis for a Rule 24(a)(2) motion to intervene because Wolfe already had agreed to dismiss his suit on March 7, 2003, in an agreed order in Southern's Quiet Title Suit. Hayes disagrees, asserting several theories which this Court will address in turn.

¶ 9. Under Mississippi Rule of Civil Procedure 41(a), a dismissal may be accomplished by notice, stipulation, or court order. However, Hayes argues that the agreed order entered in the Quiet Title Suit was not effective to dismiss the Open Meetings Suit. Hayes argues Mississippi Rules of Civil Procedure 58 and 79(a) exclude the chancellor's reasoning to deny Hayes's motion to intervene; namely, that an agreed order (containing an agreement to dismiss a separate suit) which is entered on the docket in one suit does not operate to dismiss the separate suit.

¶ 10. Rule 58 requires "[e]very judgment shall be set forth on a separate document which bears the title of `Judgment.'" Rule 58 also states "[a] judgment shall be effective only when entered as provided in M.R.C.P. 79(a)." Rule 79(a) requires the court clerk to maintain a general docket: "The clerk shall keep a book known as the "general docket" of such form and style as is required by law and shall enter therein each civil action to which these rules are made applicable."

¶ 11. Although Hayes cites to Rules 58 and 79(a) in support of his argument, we disagree with Hayes's contention that a notice of dismissal, stipulation of dismissal, or order of dismissal must be entered on the docket so as to effect a dismissal for purposes of a Rule 24(a)(2) *1018 intervention. The comment to Rule 58 states, "[t]he purpose of Rule 58 is simply to provide a precise post-trial date from which periods of time may be computed.... The times for taking post-trial action are computed from the date judgment is entered ...." (emphasis added). While Rule 58 is important for establishing a date for computing post-trial motions and appeals, we do not interpret the rule to be the only means by which to effect a dismissal, especially where the parties have stipulated to dismiss a separate case, even though the stipulation is located in an order entered in a separate suit. Based on the facts of this case, we focus on the agreement between the parties as formalized in the March 7, 2003, order in the Quiet Title Suit, as opposed to whether a motion had been filed or an order entered in the Open Meetings Case. We find the March 7, 2003, order in the Quiet Title Suit, wherein Wolfe agreed to dismiss his suit against the Board, sufficiently disposed of the Open Meetings Suit for purposes of a Rule 24(a)(2) motion to intervene. The matter being litigated was resolved, which left nothing into which Hayes could intervene.

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