P.K. Loyacono, PLLC and Paul Kelly Loyacono, Individually v. Raymond James Financial Services, Inc., Morgan Stanley Smith Barney, LLC, William Marion Robinson, II and F.M. "Easy" Biedenharn d/b/a Monumental Financial Partners

• Court: Mississippi Supreme Court
• Decided: November 13, 2025
• Docket: 2024-CA-00791-SCT
• Status: Published

Opinion

Serial: 259771 IN THE SUPREME COURT OF MISSISSIPPI

No. 2024-CA-00791-SCT

P.K. LO YACONO, PLLC AND PAUL KELLY LOYACONO, INDIVIDUALLY FILED NOV O6 2025 v. OFFICE OF THE CLERK SUPREME COURT COURT OF APPEALS RAYMOND JAMES FINANCIAL SERVICES, INC., MORGAN STANLEY SMITH BARNEY, LLC, WILLIAM MARION ROBINSON, II AND F.M. "EASY" BIEDENHARN DIB/A MONUMENTAL FINANCIAL PARTNERS

EN BANC ORDER

Before the Court are Morgan Stanley Smith Barney LLC's Motion to Dismiss Appeal

from Final Judgment for Lack of Jurisdiction and Raymond James Financial Services Inc.,

William Marion Roberson II, and F.M. "Easy" Biedenham's Joinder to Morgan Stanley's

Motion to Dismiss Appeal. Also before the Court is the Response in Opposition to

Appellees' Motion to Dismiss Appeal from Final Judgment for Lack of Jurisdiction. After

due consideration, the Motion to Dismiss Appeal from Final Judgment for Lack of

Jurisdiction is granted.

On May 24, 2024, the Warren County Circuit Court entered a final judgment

dismissing with prejudice all claims. On May 24, 2024, Plaintiffs filed a Motion to

Reconsider that did not state any grounds for the relief sought as required by Rule 7 (b)( 1) of the Mississippi Rules of Civil Procedure. On May 30, 2024, Plaintiffs filed another Motion

to Reconsider that did not assert any grounds for the relief sought. The May 30 motion was

unsigned and did not comply with Rule 1 l(a) of the Mississippi Rules of Civil Procedure.

On July 9, 2024, Plaintiffs filed a Notice of Appeal.

Pursuant to Rule 4(a) of the Mississippi Rules of Appellate Procedure, a notice of

appeal must be filed within thirty days "after the entry of the judgment or order appealed

from." We find that neither the May 24 motion nor the May 30 motion tolled the time for

filing the notice of appeal. The filing of the notice of appeal on July 9, 2024, was more than

thirty days after the circuit court's final judgment entered on May 24, 2024.

Compliance with Rule 4(a)'s thirty-day requirement is mandatory and jurisdictional.

Duncan v. St. Romain, 569 So. 2d 687 (Miss. 1990). Because the notice of appeal was filed

more than thirty days after the entry of judgment, this Court lacks jurisdiction.

IT IS, THEREFORE, ORDERED that the Motion to Dismiss Appeal from Final

Judgment for Lack of Jurisdiction is hereby granted.

SO ORDERED, this the G-f!Jday of November, 2025.

DAVID P. SULLIVAN, JUSTICE FOR THE COURT

AGREE: KING AND COLEMAN, P .JJ ., CHAMBERLIN, ISHEE, GRIFFIS, SULLIVAN AND BRANNING, JJ.

NOT PARTICIPATING: RANDOLPH, C.J., AND MAXWELL, J.