Riley v. Wiggins

908 So. 2d 893, 2005 WL 1950274
CourtCourt of Appeals of Mississippi
DecidedAugust 16, 2005
Docket2004-CA-00426-COA
StatusPublished
Cited by11 cases

This text of 908 So. 2d 893 (Riley v. Wiggins) 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
Riley v. Wiggins, 908 So. 2d 893, 2005 WL 1950274 (Mich. Ct. App. 2005).

Opinion

908 So.2d 893 (2005)

Thomas J. RILEY, Appellant
v.
Charles R. WIGGINS, Jr., et al., Appellees.

No. 2004-CA-00426-COA.

Court of Appeals of Mississippi.

August 16, 2005.

*895 J. Stewart Parrish, Gregory Malta, Meridian, attorneys for appellant.

J. Niles McNeel, Louisville, attorney for appellees.

Before KING, C.J., CHANDLER and BARNES, JJ.

BARNES, J., for the Court.

¶ 1. Thomas J. Riley, the owner of a motor raceway in Lauderdale County, was found in contempt by the Chancery Court of Lauderdale County for his violation of an agreed order regarding the racetrack's hours of operation. Riley appeals arguing that the chancellor erred in finding him in contempt and that she failed to enforce the parties' settlement agreement. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. On February 9, 1999, thirty-three residents of the Arundel Community Association in Lauderdale County, Mississippi, ("the residents") filed a complaint in the Chancery Court of Lauderdale County, alleging that Riley, who owns eighty acres of land near the Arundel community, was creating a private nuisance by constructing a dirt racetrack on his land. The complaint alleged that Riley's actions interfered with the residents' right to peaceful and quiet enjoyment of their respective lands and reduced their property values. Following several postponements of the trial date, this matter came before the Honorable Sarah P. Springer on January 7, 2003, with testimony and evidence presented over three days. The trial was recessed to February 26, 2003, and the parties reached an agreement prior to the resumption of trial. The agreement was announced in open court and subsequently incorporated into the final judgment of the chancery court; the primary provisions of the agreement and judgment were that all races would be concluded by 10:30 p.m., with all cars leaving the track no later than 11:00 p.m., and that Riley would pay a $200 fine, per instance, in liquidated damages should he violate a provision of the agreed settlement.[1]

*896 ¶ 3. The residents brought a motion to cite Riley for contempt on September 29, 2003, alleging that he continually violated all of the terms of the final judgment, including failure to conclude races on time, failure to extinguish race lights, allowing race car drivers to run engines after the designated time and failure to pay liquidated damages as required in the final judgment. Riley responded that the residents were estopped from seeking recovery on the grounds of res judicata and Riley's timely payment of all liquidated damages.

¶ 4. On November 24, 2003, a hearing was held to determine whether Riley was in contempt of court. The court rejected the residents' contention that the final judgment assessed a $200 liquidated damages penalty for each per car violation and held that Riley was only required to pay $200 per night for violating the operating conditions. The chancellor found that Riley had timely and continuously paid $200 per instance in liquidated damages as required by the final judgment. However, the court determined that Riley was "in total derogation and in contumacious disregard of the Final Judgment" and "routinely" operated the racetrack in violation of the judgment. In a bench opinion of December 2, 2003, the chancellor found Riley to be in contempt and ordered his incarceration in the county jail but suspended incarceration in consideration that future operation of the racetrack "strictly comply with the requirements of the final judgment." The chancellor held that Riley's future violations of the final judgment which evidenced a "contumacious disregard of these provisions on a routine basis" would subject him to incarceration. The chancellor further opined that the remedy of citation for contempt would "run with the land" and that any future owner of the raceway who willfully, intentionally, routinely and contumaciously violated the final judgment in the same way as Riley would be held in contempt. Riley appealed contending that the chancellor erred in finding him in contempt and that she failed to enforce the parties' settlement agreement.

STANDARD OF REVIEW

¶ 5. When reviewing a citation for contempt, this Court must first determine whether the alleged contempt is either civil or criminal in nature. Broome v. Broome, 841 So.2d 1204, 1207 (¶ 10) (Miss. Ct.App.2003) (citing Dennis v. Dennis, 824 So.2d 604 (¶ 7) (Miss.2002)). Where the primary purpose of the contempt action is to enforce the rights of private litigants, or if the penalty is to enforce compliance with a court order, then the contempt is civil. Common Cause of Mississippi v. Smith, 548 So.2d 412, 415 (Miss.1989). In civil contempt cases the punishment is conditional in nature, often to coerce future obedience. Id. at 416; Allred v. Allred, 735 So.2d 1064, 1067 (¶ 11) (Miss.Ct.App.1999).

¶ 6. In this case, the purpose of the contempt action was to enforce the rights *897 of the Arundel residents. The chancellor suspended incarceration "on the condition that all future operation of the racetrack strictly comply with the requirements of the final judgment." The chancellor specified that Riley's future incarceration would be ordered if he continued to violate, routinely and contumaciously, the court's final judgment. The chancellor advised the residents that she did not expect Riley to be brought back before the court simply because he committed a minor infraction in the future, but only if he willfully and routinely continued to disregard the final judgment.

¶ 7. In civil contempt actions, the trial court's findings are affirmed unless there is manifest error. Matter of the Estate of Hollaway, 631 So.2d 127, 132 (Miss.1993); Caldwell v. Caldwell, 579 So.2d 543, 545 (Miss.1991). The trial court's findings will be affirmed unless that court was "manifestly wrong, clearly erroneous, or if an erroneous legal standard was applied." Setser v. Piazza, 644 So.2d 1211, 1215 (Miss.1994).

ISSUES AND ANALYSIS

I. WHETHER THE CHANCELLOR ERRED IN FINDING RILEY IN CONTEMPT OF THE COURT'S ORDER WHEN HE ADHERED TO THE LIQUIDATED DAMAGES PROVISION OF THE FINAL JUDGMENT.

¶ 8. Riley argues that since "[p]art of the contract in our case stated Mr. Riley was to pay $200.00 in liquidated damages should he violate a provision of the agreement," and he "upheld his duty of paying liquidated damages, per the final order, when the agreement was not followed," there is "no basis for a contempt of court citation . . . [as] the agreement between the parties was fulfilled and operated as intended." The chancellor rejected this contention, finding that "the intent of the settlement has not been fulfilled through the practice of the parties. At least Mr. Riley's practice." The court found it "obvious" that "the intent of the agreement, the intent of the order was for the neighborhood to become peaceful by midnight on the racing nights and that is not what has been happening."

¶ 9. We agree with the chancellor that Riley did not operate his racetrack in accordance with the order of the court. The final judgment required that Riley operate the racetrack in accordance with conditions for timely completion of races and extinguishing of lights. The record reflects that Riley routinely left the lights at the racetrack illuminated past the designated time and allowed races to continue past 10:30 p.m. Riley's own records reflect that races routinely continued past 11:00 p.m.

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Cite This Page — Counsel Stack

Bluebook (online)
908 So. 2d 893, 2005 WL 1950274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riley-v-wiggins-missctapp-2005.