Miss. Farm Bureau Mut. Ins. Co. v. Parker

921 So. 2d 260, 2005 WL 1662812
CourtMississippi Supreme Court
DecidedJune 30, 2005
Docket2005-IA-00740-SCT
StatusPublished
Cited by13 cases

This text of 921 So. 2d 260 (Miss. Farm Bureau Mut. Ins. Co. v. Parker) 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
Miss. Farm Bureau Mut. Ins. Co. v. Parker, 921 So. 2d 260, 2005 WL 1662812 (Mich. 2005).

Opinion

921 So.2d 260 (2005)

MISSISSIPPI FARM BUREAU MUTUAL INSURANCE COMPANY, Mississippi Farm Bureau Casualty Insurance Company and Southern Farm Bureau Casualty Insurance Company
v.
Kim PARKER.
Mississippi Farm Bureau Mutual Insurance Company
v.
Kim Parker.

No. 2005-IA-00740-SCT.

Supreme Court of Mississippi.

June 30, 2005.
Rehearing Denied March 2, 2006.

ORDER

¶ 1. This matter came before the Court en banc on the Combined Petition and Brief for Interlocutory Appeal and Motion for Stay filed by Mississippi Farm Bureau Mutual Insurance Company, Mississippi Farm Bureau Casualty Insurance Company, and Southern Farm Bureau Casualty Insurance Company (Farm Bureau). Petitioner seeks leave to appeal from the order of the Circuit Court of the Second Judicial District of Jones County, Mississippi, civil cause number 2002-270-CV9 entered on March 21, 2005. After due consideration the Court finds that the requirements of M.R.A.P. 5 have been met and that the petition for interlocutory appeal is well taken and should be granted. The Court further finds that no further briefing is needed and will proceed to a consideration of the merits.

¶ 2. After Farm Bureau filed its petition for interlocutory appeal, with voluminous attached exhibits, the plaintiff/respondent, Kim Parker (Parker) filed her six-volume response in opposition to the petition for interlocutory appeal, which response likewise contains voluminous exhibits. Farm Bureau then filed its reply in rebuttal to Parker's response. Thereafter, Parker filed her motion to strike all rebuttal pleadings and attachments previously filed by Farm Bureau. Finally, Farm Bureau filed its response to Parker's motion to strike.

¶ 3. This interlocutory appeal has resulted in literally thousands of pages being placed before us for review. The issue before us — a discovery dispute. The nature *261 of this case is a bad faith insurance claim for Farm Bureau's alleged failure to in good faith provide coverage under a homeowner's policy as a result of damage to Parker's home due to mold infestation allegedly caused by a leak in a sewage drainage pipe. The actual cause of the mold infestation is hotly disputed. In its petition, Farm Bureau asserts that "[c]ounting the subparts.......... [Parker] propounded to each defendant, over 130 Interrogatories..........and over 26,000 Requests for Documents." (Emphasis in the original).

¶ 4. On October 18, 2004, the trial court entered orders, as submitted by Parker, on Parker's motion to compel as to each of the three Farm Bureau defendants. The orders to compel which the trial court entered against Mississippi Farm Bureau Mutual, Mississippi Farm Bureau Casualty, and Southern Farm Bureau Casualty were 39 pages, 23 pages, and 23 pages, respectively, in length. On the first page of each of the three orders, we find the following identical language (with the exception of the name of the particular defendant): "[T]he Court.....hereby OVERRULES all of Defendant's general objections to the Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents, and ORDERS that Defendant, [], within thirty (30) days from the date of this Order on Plaintiff's Motion to Compel, respond to Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents...." By separate order, likewise entered on October 18, 2004, the trial court considered the Farm Bureau defendants' motion for a protective order in response to Parker's motion to compel; however, the trial court neither granted nor denied the motion for a protective order, but instead ordered the parties "to comply with the Mississippi Rules of Civil Procedure in preparing and producing Interrogatories and Requests for Production of Documents propounded on April 22, 2003, and in responding to same."

¶ 5. On March 21, 2005, the trial court denied Parker's motion for sanctions and also denied the Farm Bureau defendants' motion for reconsideration and motion for sanctions. It is from this order that Farm Bureau petitions this Court for an interlocutory appeal.

¶ 6. By order entered on May 12, 2005, a three-justice panel of this Court stayed the trial court proceedings and directed the trial court clerk to prepare and transmit a copy of the circuit court file to the Clerk of this Court. The Jones County Circuit Clerk timely complied with this directive. Based on the circuit clerk's timely filing of a copy of the court file, we now have an additional 2,655 pages of documents and pleadings before us.

¶ 7. The language contained in the pleadings filed by both Farm Bureau and Parker is more than a little contentious. Farm Bureau describes Parker's discovery requests as "bizarre and outrageous" and "flagrantly abusive." Parker's response asserts that Farm Bureau has failed to comply with the trial court's orders, has grossly overstated the number of discovery requests, and has "actively concealed hundreds of pages of discoverable documents." In its rebuttal, Farm Bureau describes Parker's claim of concealment to be "reckless" and that Parker's counsel is evidently claiming that Farm Bureau's counsel are "not only wicked, but stupid as well." In her motion to strike, Parker asserts that Farm Bureau has ignored the Mississippi Rules of Appellate Procedure, and that Farm Bureau's rebuttal pleadings and attachments should be stricken and she should be awarded costs. In Farm Bureau's response to Parker's motion to *262 strike, it asserts that Parker is dodging the issue and that this Court is admittedly being requested to "jump into the middle" of a discovery dispute because a mere reading of Parker's discovery requests reveals that "the requests are `just that bad.'" (Emphasis in the original). These are but examples of the contentiousness between the parties and the attorneys as evidenced by the various documents before us.

¶ 8. There is absolutely no way that the trial bench and bar, as well as the litigants and the general public, can appreciate the time that this Court is compelled to devote to interlocutory appeals in civil cases, many of which are time-sensitive, thus requiring the prompt attention of at least three justices of this Court, and quite often the en banc court. It has become routine for parties to petition for interlocutory appeals from trial court rulings regarding denial of summary judgments, discovery disputes and simple evidentiary rulings. It has for some time become abundantly clear to this Court that the mind-set of many attorneys is that if a perceived unfavorable pre-trial ruling is received from the trial court, then attempt to abruptly halt the trial court proceedings and file an interlocutory appeal with the Supreme Court. This conduct has unfortunately become wide-spread amongst members of the bar. Additionally, it is hardly uncommon for this Court to receive an interlocutory appeal from an adverse ruling of the trial court, while the trial is actually in progress — thus requiring the immediate attention of this Court. Whether we eventually grant or deny an interlocutory appeal, the decision comes only after this Court has spent a disproportionately large amount of time on that one case issue, taking time away from deciding pending cases on their merits.

¶ 9. We are indeed approaching the point of having to take action similar to that taken seventeen years ago by the United States District Court for the Northern District of Texas in Dondi Properties Corp. v. Commerce Savings & Loan Ass'n, 121 F.R.D. 284 (N.D.Tex.1988), (en banc).

¶ 10. The Dondi

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Cite This Page — Counsel Stack

Bluebook (online)
921 So. 2d 260, 2005 WL 1662812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miss-farm-bureau-mut-ins-co-v-parker-miss-2005.