Homer Lee Ryland v. Regions Bank

• Court: Court of Appeals of Mississippi
• Decided: April 28, 2026
• Docket: 2025-CP-00178-COA
• Status: Published

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2025-CP-00178-COA

HOMER LEE RYLAND APPELLANT

v.

REGIONS BANK APPELLEE

DATE OF JUDGMENT: 01/27/2025 TRIAL JUDGE: HON. JAMES T. KITCHENS JR. COURT FROM WHICH APPEALED: CLAY COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: HOMER LEE RYLAND (PRO SE) ATTORNEY FOR APPELLEE: JASON BRYON TINGLE NATURE OF THE CASE: CIVIL - REAL PROPERTY DISPOSITION: AFFIRMED - 04/28/2026 MOTION FOR REHEARING FILED:

BEFORE WILSON, P.J., EMFINGER AND LASSITTER ST. PÉ, JJ.

LASSITTER ST. PÉ, J., FOR THE COURT:

¶1. In January 2015, Homer Ryland and his wife Brandi obtained a loan from Regions

Bank, which was secured by property on Hickory Ridge Drive in West Point. The Rylands

later defaulted on the loan, and a non-judicial foreclosure followed, resulting in Regions’

purchase of the property. The Rylands did not leave the property, and Regions filed an action

for unlawful detainer in the Clay County Justice Court to force the Rylands to vacate. A

judgment for possession of the property was entered in Regions’ favor on July 31, 2024, and

the Rylands were ordered to vacate the property within thirty days. On August 8, 2024,

Ryland filed a notice of appeal from justice court to circuit court.

¶2. Regions filed a motion to dismiss Ryland’s appeal, arguing that the appeal was untimely under Mississippi Code Annotated section 11-51-83 (Rev. 2019). Regions also

argued that Ryland failed to post the bond as required under section 11-51-83. Following a

hearing, the circuit court found that Ryland’s appeal was untimely and dismissed it for a lack

of jurisdiction.

¶3. Ryland appealed, and for the reasons addressed below, we affirm the circuit court’s

dismissal.

ANALYSIS

¶4. “When reviewing jurisdiction questions, we apply a de novo standard of review.”

Thompson v. AAA Cooper Transp., 345 So. 3d 1219, 1221 (¶7) (Miss. Ct. App. 2022). The

circuit court dismissed Ryland’s appeal for lack of jurisdiction after finding that Ryland

failed to file his notice of appeal from justice court within five days of the justice court’s

judgment, as required by section 11-51-83. Section 11-51-83 provides that a party “aggrieved

by the judgment . . . rendered in a case of unlawful entry and detainer, may, after final

judgment, appeal to the circuit court of the county, within five days after the rendition of the

judgment, by entering into bond with sufficient sureties . . . .” When a notice of appeal is not

timely filed, “the appellate court simply does not have jurisdiction.” Thompson, 345 So. 3d

at 1222 (¶9).

¶5. On July 31, 2024, the justice court entered judgment in Regions’ favor on its

complaint for unlawful detainer. Ryland filed his notice of appeal to circuit court on August

8, 2024, more than five days after the justice court’s judgment. The circuit court properly

2 dismissed Ryland’s appeal for a lack of jurisdiction. See Miss. Code Ann. § 11-51-83; see

also RJC 27(a) (“Either party aggrieved by a justice court judgment rendered in a case of

unlawful entry and detainer may, after final judgment, appeal to the circuit court of the

county pursuant to section 11-51-83 of the Mississippi Code.”).

¶6. Although we affirm the circuit court, we also note that Ryland’s brief does not comply

with Rule 28(a) of the Mississippi Rules of Appellate Procedure. Specifically, Ryland’s brief

lacks a certificate of interested persons, tables, a statement of assignment, and a summary of

the argument. See M.R.A.P. 28(2). Nor does the brief appear to contain any argument “with

respect to the issues presented, and the reasons for those contentions, with citations to the

authorities, statutes, and parts of the record relied on.” MRAP 28(a)(7). This “noncompliance

alone serves as a procedural bar to our review.” Thompson, 345 So. 3d at 1222 (¶11).

¶7. We affirm the circuit court’s dismissal of Ryland’s appeal for lack of jurisdiction, as

Ryland failed to timely file his notice of appeal pursuant to Mississippi Code Annotated

section 11-51-83.

¶8. AFFIRMED.

BARNES, C.J., CARLTON AND WILSON, P.JJ., WESTBROOKS, McDONALD, LAWRENCE, McCARTY, EMFINGER AND WEDDLE, JJ., CONCUR.