Jordan v. McAdams

85 So. 3d 932, 2012 WL 1174468, 2012 Miss. App. LEXIS 206
CourtCourt of Appeals of Mississippi
DecidedApril 10, 2012
Docket2010-CA-01333-COA
StatusPublished
Cited by6 cases

This text of 85 So. 3d 932 (Jordan v. McAdams) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jordan v. McAdams, 85 So. 3d 932, 2012 WL 1174468, 2012 Miss. App. LEXIS 206 (Mich. Ct. App. 2012).

Opinions

[934]*934FAIR, J.,

for the Court:

¶ 1. Carolyn McAdams took office as Mayor of Greenwood, Mississippi, on July 6, 2009. That day she sent a letter to the city attorney, James Littleton, terminating his employment. Mayor McAdams then nominated the firm of Abraham and Ride-out to the position. The Greenwood City Council rejected the nomination in a five-to-two vote, held the next day. Littleton then announced he would serve as city attorney until a replacement was approved by the city council. Littleton continued to act as the city attorney at subsequent city council meetings.

¶ 2. On July 20, 2009, Mayor McAdams filed a lawsuit against Littleton and 'five of the seven city council members. She sought a declaratory judgment that Little-ton could not hold over as city attorney. McAdams also sought a declaratory judgment that the councilmen had no authority to hire Littleton as city attorney or allow him to represent or advise the city council. Finally, the mayor asked the court to enjoin Littleton from áttending council meetings as the city attorney or otherwise purporting to act in that capacity.

¶ 3. The chancery court held that Little-ton had no authority to hold over, and it enjoined him from continuing to act as city attorney. The judgment against Littleton was ultimately affirmed on appeal by the Mississippi Supreme Court. See Littleton v. McAdams, 60 So.3d 169, 172 (¶ 14) (Miss.2011).

¶4. The chancery court also held that McAdams was not entitled to any relief against the defendant councilmen. The councilmen sought sanctions against Mc-Adams, contending the claims against them were frivolous. They also alleged that McAdams had sued them for the purpose of harassment.

¶ 5. The chancery court took the councilmen’s request for sanctions under advisement. It did not rule until nearly a year later, when the motion was denied. The chancellor found that the suit against the councilmen was “ill-advised” but did not rise to the level of frivolous. The court further found that the complaint was not filed for the purpose of harassment. This appeal followed.

DISCUSSION

1. Timeliness of Motion

¶ 6. As a threshold issue, we must consider McAdams’s contention that the councilmen’s request for sanctions was untimely. The councilmen filed a motion for sanctions more than three months after the chancery court’s order disposing of the substantive claims in the case.

¶ 7. McAdams relies on Russell v. Lewis Grocer Co., 552 So.2d 113, 117 (Miss.1989), where the supreme court held that a motion for sanctions made after the judgment is in effect a motion to amend that judgment. A motion to amend the judgment must be filed within ten days of the entry of the judgment. M.R.C.P. 59(e).

¶ 8. We find Russell inapplicable to this case because the post-order motion was not the councilmen’s first pleading seeking sanctions. A motion for sanctions need not be made for the first time after a judgment has been entered. See, e.g., Collins v. Koppers, Inc., 59 So.3d 582, 587 (¶ 11) (Miss.2011) (Rule 11 sanctions sought in motion for summary judgment). In this case, the councilmen requested sanctions in their answer to the complaint. In its order disposing of the substantive claims, the chancery court expressly took the issue of sanctions under advisement. In Russell, on the other hand, it appears that sanctions were sought for the first time after the final judgment had been [935]*935entered. We do not find Russell controlling, and we conclude that the issue of sanctions was properly before the chancery court.

2. Sanctions

¶ 9. Turning to the merits of the appeal, we address the eouncilmen’s contention that the chancery court erred in not granting sanctions against McAdams.

¶ 10. Under Mississippi Rule of Civil Procedure 11(b), a trial court may award sanctions against a party or attorney who has filed a pleading that is frivolous or was filed for the purpose of harassment or delay. The Litigation Accountability Act of 1988 provides complementary, overlapping authority to impose sanctions for claims brought “without substantial justification” or “interposed for delay or harassment.” Miss.Code Ann. § 11-55-5 (Rev. 2002); Stevens v. Lake, 615 So.2d 1177, 1183-84 (Miss.1993). “Without substantial justification” means a filing that is “frivolous, groundless in fact or in law, or vexatious, as determined by the court.” Miss. Code Ann. § ll-55-3(a) (Rev.2002).

¶ 11. A trial court’s decision regarding the imposition of sanctions is reviewed only for an abuse of discretion. Compere v. St. Dominic Jackson Mem’l Hosp., 71 So.3d 607, 609 (¶ 6) (Miss.2011). Without a clear showing that the lower court abused its discretion, this Court must affirm its judgment.

¶ 12. The councilmen contend both that the suit was frivolous and that it was filed for the purpose of harassment.

A. Frivolity

¶ 13. A claim that is only weak or “light-headed” cannot be sanctioned as frivolous. Estate of McLemore v. McLemore, 63 So.3d 468, 490 (¶ 67) (Miss.2011). Even an argument that is “wrong” or untimely does not necessarily warrant sanctions. See Miss. Dep’t of Human Servs. v. Shelby, 802 So.2d 89, 97 (¶ 33) (Miss.2001). Instead, a pleading is frivolous only when, objectively speaking, there was no hope of success at the time it was filed. In re Estate of Smith v. Smith, 69 So.3d 1, 6 (¶ 19) (Miss.2011). In Smith, the supreme court reiterated that a frivolous claim is “one so clearly untenable, or the insufficiency of which is so manifest upon a bare inspection of the pleadings, that the court or judge is able to determine its character without argument or research.” Id. (quoting Germain v. Harwell, 108 Miss. 396, 402, 66 So. 396, 398 (1914)).

¶ 14. The councilmen direct several arguments to this issue. They contend, first and foremost, that the suit against them was frivolous because it did not cite any wrongdoing or seek any relief against them. However, the mayor’s complaint clearly states that it sought a declaratory judgment against the councilmen, as allowed under Rule 57 of the Mississippi Rules of Civil Procedure. A declaratory judgment seeks relief from uncertainty, before wrongdoing has actually occurred. See M.R.C.P. 57 cmt.

¶ 15. Mayor McAdams cites extensively to authorities from other states approving of declaratory-judgment suits to settle disputes between mayors and city councils. We are aware of similar reported Mississippi cases. See, e.g., Tisdale v. Clay, 728 So.2d 1084 (Miss.1998), overruled in part on other grounds by Myers v. City of McComb, 943 So.2d 1, 6 (¶ 19) (Miss.2006); Jordan v. Smith, 669 So.2d 752 (Miss. 1996), likewise overruled on other grounds by Myers, 943 So.2d at 6 (¶ 19). The supreme court also suggested that declaratory judgment may be an appropriate way to resolve disputes between mayors and city councils in Dupree v. Carroll, 967 So.2d 27, 29-30 (¶ 12) (Miss.2007) (compar[936]*936ing the mandamus sought in that case to a declaratory judgment).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ashley Healthcare Plan v. Michael Dillard
177 So. 3d 175 (Mississippi Supreme Court, 2015)
Mississippi Department of Human Services v. S.W.
111 So. 3d 630 (Court of Appeals of Mississippi, 2012)
Jordan v. McAdams
85 So. 3d 932 (Court of Appeals of Mississippi, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
85 So. 3d 932, 2012 WL 1174468, 2012 Miss. App. LEXIS 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-mcadams-missctapp-2012.