Kennedy v. Gervais

Mississippi Supreme Court

Kennedy v. Gervais

345 So. 2d 1039, 1977 Miss. LEXIS 2491

CourtMississippi Supreme Court

DecidedMay 4, 1977

DocketNo. 48984

StatusPublished

Cited by5 cases

This text of 345 So. 2d 1039 (Kennedy v. Gervais) 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

Kennedy v. Gervais, 345 So. 2d 1039, 1977 Miss. LEXIS 2491 (Mich. 1977).

Pincite

Opinion

WALKER, Justice, for the Court:

Mrs. Gervais’ petition for rehearing is hereby granted. The opinion originally issued in this cause is withdrawn, and this opinion issued in its place.

This appeal must be dismissed for lack of jurisdiction. The final decree was entered by the Chancery Court of Forrest County, Mississippi, on January 10, 1975. The appellant admits that his appeal bond was not posted until April 3, 1975, eighty-three days after the rendition of the final judgment. Mississippi Code Annotated section 11-51-5 (Supp.1976) provides that appeals to the Supreme Court must be perfected within forty-five days after the rendition of the decree. An appeal may not be considered as perfected until the required bond has been posted. Miss.Code Ann. § 11-51-53 (1972). In this case, it is undisputed that the bond was not posted and the appeal not perfected within the forty-five days allowed by the statute. We have held that the failure to post bond within the time allowed by the statute deprives this Court of jurisdiction. See, e. g, Fisher v. Crowe, 289 So.2d 921, 924 (Miss.1974). Lack of jurisdiction, of course, may be raised at any time. Therefore, Mr. Kennedy’s appeal must be dismissed for lack of jurisdiction.

[1040]*1040PETITION FOR REHEARING GRANTED, FORMER OPINION WITHDRAWN, AND APPEAL DISMISSED.

GILLESPIE, C. J., PATTERSON and IN-ZER, P. JJ., and SMITH, ROBERTSON, SUGG, BROOM and LEE, JJ., concur.

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

WALKER, Justice, for the Court:

Mrs. Gervais’ petition for rehearing is hereby granted. The opinion originally issued in this cause is withdrawn, and this opinion issued in its place.

This appeal must be dismissed for lack of jurisdiction. The final decree was entered by the Chancery Court of Forrest County, Mississippi, on January 10, 1975. The appellant admits that his appeal bond was not posted until April 3, 1975, eighty-three days after the rendition of the final judgment. Mississippi Code Annotated section 11-51-5 (Supp.1976) provides that appeals to the Supreme Court must be perfected within forty-five days after the rendition of the decree. An appeal may not be considered as perfected until the required bond has been posted. Miss.Code Ann. § 11-51-53 (1972). In this case, it is undisputed that the bond was not posted and the appeal not perfected within the forty-five days allowed by the statute. We have held that the failure to post bond within the time allowed by the statute deprives this Court of jurisdiction. See, e. g, Fisher v. Crowe, 289 So.2d 921, 924 (Miss.1974). Lack of jurisdiction, of course, may be raised at any time. Therefore, Mr. Kennedy’s appeal must be dismissed for lack of jurisdiction.

[1040]*1040PETITION FOR REHEARING GRANTED, FORMER OPINION WITHDRAWN, AND APPEAL DISMISSED.

GILLESPIE, C. J., PATTERSON and IN-ZER, P. JJ., and SMITH, ROBERTSON, SUGG, BROOM and LEE, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

345 So. 2d 1039, 1977 Miss. LEXIS 2491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kennedy-v-gervais-miss-1977.

Opinion

Related

Cite This Page — Counsel Stack