IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2023-CA-00650-COA
SHARON RICHARDSON APPELLANT
v.
THE ESTATE OF THOMAS JAMES APPELLEES RICHARDSON, SR., LILLIE RICHARDSON, THOMAS JAMES RICHARDSON, JR., TOCHA RICHARDSON NDAO, SAMUEL RICHARDSON, ANTONIO RICHARDSON AND ISAIAH THOMAS RICHARDSON
DATE OF JUDGMENT: 05/18/2023 TRIAL JUDGE: HON. J. DEWAYNE THOMAS COURT FROM WHICH APPEALED: HINDS COUNTY CHANCERY COURT, SECOND JUDICIAL DISTRICT ATTORNEY FOR APPELLANT: KENYA REESE MARTIN ATTORNEY FOR APPELLEES: MEL J. BREEDEN JR. NATURE OF THE CASE: CIVIL - REAL PROPERTY DISPOSITION: AFFIRMED - 08/20/2024 MOTION FOR REHEARING FILED:
BEFORE BARNES, C.J., SMITH AND EMFINGER, JJ.
BARNES, C.J., FOR THE COURT:
¶1. In 2022, Sharon Richardson filed a petition to confirm title in the Hinds County
Chancery Court against the heirs of her deceased ex-husband, Thomas J. Richardson Sr. In
the petition, Sharon sought to enforce two liens she had filed against real property owned by
Thomas in satisfaction of alleged monies owed from the couples’ 2004 divorce judgment.
The respondents (“the Estate”) moved for summary judgment, claiming there was no enrolled
monetary judgment to provide a basis for the liens. The chancery court granted the Estate’s
motion for summary judgment and expunged the liens from the county’s records. Sharon appeals from the court’s judgment. Finding no error, we affirm.
FACTS AND PROCEDURAL HISTORY
¶2. Sharon and Thomas were divorced on May 5, 2004. In the chancery court’s judgment
of divorce, Sharon was granted child support of $175 per month, title to a 1996 Pontiac
Grand Prix automobile, and nineteen head of cattle valued at $850 each. Sharon appealed
the judgment, which this Court affirmed in part. Richardson v. Richardson, 912 So. 2d 1079,
1083 (¶10) (Miss. Ct. App. 2005). We determined, however, that Sharon was entitled to only
thirteen head of cattle, and we reversed the judgment in part and remanded “with instructions
to determine a more concrete value for the individual cattle, and to then award Sharon cattle
equal to one-third of the value of the herd, or if necessary, to direct that the herd be sold, and
Sharon be awarded one-third of the proceeds of the sale.” Id. at 1082 (¶7).1 However, the
record does not show that the chancery court made any further rulings on the matter.
¶3. Sixteen years later, on December 3, 2021, Sharon filed two notices of liens with the
chancery court against two parcels of real property Thomas owned, allegedly in satisfaction
of monies owed to Sharon from the 2004 divorce judgment. The stated amount of the lien
for each property was $99,869.54. Thomas died shortly thereafter;2 so Sharon filed a petition
to confirm title against the Estate on January 19, 2022, “seeking legal title to the two (2)
1 We also instructed the chancery court to clarify its ruling concerning the award of thirty-four acres of timberland property. Richardson, 912 So. 2d at 1082 (¶8). 2 Although the precise date of Thomas’s death is not in the record, Sharon attached a copy of a service leaflet to her petition showing that Thomas’s funeral service was held on December 18, 2021. Sharon’s brief also states that Thomas died days after the liens were filed.
2 subject parcels of real property based upon the two (2) liens asserted in this matter.” The
Estate counterclaimed that (1) because there was no legal basis or statutory authority for the
liens, the liens should be expunged from the chancery clerk’s records; and (2) Sharon’s
petition was “frivolous and without substantial justification.”
¶4. On October 19, 2022, the Estate filed a motion for summary judgment, claiming (1)
Sharon failed to show she did not receive the automobile; (2) there was no judgment from
the chancery court on remand regarding the value of the cattle (as ordered by this Court); (3)
there had been no “adjudication of past due child support”; and (4) that even if a judgment
lien existed, it had expired under statutory law, see Miss. Code Ann. § 15-1-47 (Rev. 2019).
Sharon filed a response and her own motion for summary judgment. The chancery court held
a hearing on February 16, 2023. Sharon’s attorney argued that Sharon was owed $99,869.54
according to the lien ($15,000 for the Grand Prix, $5,000 in unpaid child support, $16,150
for the cattle, and $58,301.84 in interest). The Estate’s attorney asserted that there had been
no judgment enrolled in Hinds County.
¶5. The chancery court issued an order granting summary judgment in favor of the Estate
on March 7, 2023. Noting that the divorce judgment referenced in Sharon’s petition “was
not enrolled in the Hinds County land roll judgments,” the chancery court concluded that
Sharon had “failed to establish any statutory or common law basis for the asserted liens
herein.” Sharon filed a motion to reconsider, arguing for the first time that this Court’s
mandate in Richardson created a debtor-creditor relationship between Thomas and Sharon;
therefore, a lien was created under Mississippi Code Annotated section 85-7-261 (Rev.
3 2021).3 Sharon also claimed that the chancery clerk’s office was responsible for enrolling
the judgment under Mississippi Code Annotated section 11-7-189 (Rev. 2019). The Estate
noted in its response, however, that section 11-7-189 “outlines the procedure imposed on the
circuit clerk to enroll a judgment when a judgment is rendered in circuit (or county) court at
the close of the term of circuit (or county) court”; the statute does not address chancery court
practice.
¶6. After a hearing, the chancery court denied the motion to reconsider on May 16, 2023.
In its order, the court determined that section 85-7-261 was “inapplicable as the liens asserted
by [Sharon] are not those ‘created and mentioned’” under the statute and because “[t]he cited
code section does not address a judgment lien or a lien purportedly based on a divorce
decree.” The court further found that Sharon “failed to establish any properly enrolled
judgment upon which her liens may be predicated; there are no disputed material facts that
would alter this finding of law.”
¶7. The chancery court entered a final judgment on May 18, 2023, dismissing Sharon’s
petition to confirm title with prejudice, granting the Estate’s counterclaims in part, and
expunging the notices of liens from the county land records. Sharon appeals from the
3 Section 85-7-261 (lien creation) provides:
Unless otherwise expressly provided, the liens created or mentioned in this chapter shall exist by virtue of the relation of the parties, and without any writing, or if in writing, without recording; and the rights and liens conferred may be asserted and enforced by the assigns and personal representatives of the lienor.
Miss. Code Ann. § 85-7-261.
4 chancery court’s final judgment.
STANDARD OF REVIEW
¶8. A trial court’s decision to grant or deny summary judgment is subject to de novo
review. Noone v. Noone, 127 So. 3d 193, 195 (¶4) (Miss. 2013). “Summary judgment is
appropriate if the pleadings, depositions, answers to interrogatories, and admissions, together
Free access — add to your briefcase to read the full text and ask questions with AI
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2023-CA-00650-COA
SHARON RICHARDSON APPELLANT
v.
THE ESTATE OF THOMAS JAMES APPELLEES RICHARDSON, SR., LILLIE RICHARDSON, THOMAS JAMES RICHARDSON, JR., TOCHA RICHARDSON NDAO, SAMUEL RICHARDSON, ANTONIO RICHARDSON AND ISAIAH THOMAS RICHARDSON
DATE OF JUDGMENT: 05/18/2023 TRIAL JUDGE: HON. J. DEWAYNE THOMAS COURT FROM WHICH APPEALED: HINDS COUNTY CHANCERY COURT, SECOND JUDICIAL DISTRICT ATTORNEY FOR APPELLANT: KENYA REESE MARTIN ATTORNEY FOR APPELLEES: MEL J. BREEDEN JR. NATURE OF THE CASE: CIVIL - REAL PROPERTY DISPOSITION: AFFIRMED - 08/20/2024 MOTION FOR REHEARING FILED:
BEFORE BARNES, C.J., SMITH AND EMFINGER, JJ.
BARNES, C.J., FOR THE COURT:
¶1. In 2022, Sharon Richardson filed a petition to confirm title in the Hinds County
Chancery Court against the heirs of her deceased ex-husband, Thomas J. Richardson Sr. In
the petition, Sharon sought to enforce two liens she had filed against real property owned by
Thomas in satisfaction of alleged monies owed from the couples’ 2004 divorce judgment.
The respondents (“the Estate”) moved for summary judgment, claiming there was no enrolled
monetary judgment to provide a basis for the liens. The chancery court granted the Estate’s
motion for summary judgment and expunged the liens from the county’s records. Sharon appeals from the court’s judgment. Finding no error, we affirm.
FACTS AND PROCEDURAL HISTORY
¶2. Sharon and Thomas were divorced on May 5, 2004. In the chancery court’s judgment
of divorce, Sharon was granted child support of $175 per month, title to a 1996 Pontiac
Grand Prix automobile, and nineteen head of cattle valued at $850 each. Sharon appealed
the judgment, which this Court affirmed in part. Richardson v. Richardson, 912 So. 2d 1079,
1083 (¶10) (Miss. Ct. App. 2005). We determined, however, that Sharon was entitled to only
thirteen head of cattle, and we reversed the judgment in part and remanded “with instructions
to determine a more concrete value for the individual cattle, and to then award Sharon cattle
equal to one-third of the value of the herd, or if necessary, to direct that the herd be sold, and
Sharon be awarded one-third of the proceeds of the sale.” Id. at 1082 (¶7).1 However, the
record does not show that the chancery court made any further rulings on the matter.
¶3. Sixteen years later, on December 3, 2021, Sharon filed two notices of liens with the
chancery court against two parcels of real property Thomas owned, allegedly in satisfaction
of monies owed to Sharon from the 2004 divorce judgment. The stated amount of the lien
for each property was $99,869.54. Thomas died shortly thereafter;2 so Sharon filed a petition
to confirm title against the Estate on January 19, 2022, “seeking legal title to the two (2)
1 We also instructed the chancery court to clarify its ruling concerning the award of thirty-four acres of timberland property. Richardson, 912 So. 2d at 1082 (¶8). 2 Although the precise date of Thomas’s death is not in the record, Sharon attached a copy of a service leaflet to her petition showing that Thomas’s funeral service was held on December 18, 2021. Sharon’s brief also states that Thomas died days after the liens were filed.
2 subject parcels of real property based upon the two (2) liens asserted in this matter.” The
Estate counterclaimed that (1) because there was no legal basis or statutory authority for the
liens, the liens should be expunged from the chancery clerk’s records; and (2) Sharon’s
petition was “frivolous and without substantial justification.”
¶4. On October 19, 2022, the Estate filed a motion for summary judgment, claiming (1)
Sharon failed to show she did not receive the automobile; (2) there was no judgment from
the chancery court on remand regarding the value of the cattle (as ordered by this Court); (3)
there had been no “adjudication of past due child support”; and (4) that even if a judgment
lien existed, it had expired under statutory law, see Miss. Code Ann. § 15-1-47 (Rev. 2019).
Sharon filed a response and her own motion for summary judgment. The chancery court held
a hearing on February 16, 2023. Sharon’s attorney argued that Sharon was owed $99,869.54
according to the lien ($15,000 for the Grand Prix, $5,000 in unpaid child support, $16,150
for the cattle, and $58,301.84 in interest). The Estate’s attorney asserted that there had been
no judgment enrolled in Hinds County.
¶5. The chancery court issued an order granting summary judgment in favor of the Estate
on March 7, 2023. Noting that the divorce judgment referenced in Sharon’s petition “was
not enrolled in the Hinds County land roll judgments,” the chancery court concluded that
Sharon had “failed to establish any statutory or common law basis for the asserted liens
herein.” Sharon filed a motion to reconsider, arguing for the first time that this Court’s
mandate in Richardson created a debtor-creditor relationship between Thomas and Sharon;
therefore, a lien was created under Mississippi Code Annotated section 85-7-261 (Rev.
3 2021).3 Sharon also claimed that the chancery clerk’s office was responsible for enrolling
the judgment under Mississippi Code Annotated section 11-7-189 (Rev. 2019). The Estate
noted in its response, however, that section 11-7-189 “outlines the procedure imposed on the
circuit clerk to enroll a judgment when a judgment is rendered in circuit (or county) court at
the close of the term of circuit (or county) court”; the statute does not address chancery court
practice.
¶6. After a hearing, the chancery court denied the motion to reconsider on May 16, 2023.
In its order, the court determined that section 85-7-261 was “inapplicable as the liens asserted
by [Sharon] are not those ‘created and mentioned’” under the statute and because “[t]he cited
code section does not address a judgment lien or a lien purportedly based on a divorce
decree.” The court further found that Sharon “failed to establish any properly enrolled
judgment upon which her liens may be predicated; there are no disputed material facts that
would alter this finding of law.”
¶7. The chancery court entered a final judgment on May 18, 2023, dismissing Sharon’s
petition to confirm title with prejudice, granting the Estate’s counterclaims in part, and
expunging the notices of liens from the county land records. Sharon appeals from the
3 Section 85-7-261 (lien creation) provides:
Unless otherwise expressly provided, the liens created or mentioned in this chapter shall exist by virtue of the relation of the parties, and without any writing, or if in writing, without recording; and the rights and liens conferred may be asserted and enforced by the assigns and personal representatives of the lienor.
Miss. Code Ann. § 85-7-261.
4 chancery court’s final judgment.
STANDARD OF REVIEW
¶8. A trial court’s decision to grant or deny summary judgment is subject to de novo
review. Noone v. Noone, 127 So. 3d 193, 195 (¶4) (Miss. 2013). “Summary judgment is
appropriate if the pleadings, depositions, answers to interrogatories, and admissions, together
with the affidavits, if any, show that there is no genuine issue as to any material fact and that
the moving party is entitled to judgment as a matter of law.” Smith v. Dodd, 328 So. 3d 772,
774 (¶9) (Miss. Ct. App. 2021) (citing M.R.C.P. 56(c)).
DISCUSSION
¶9. Sharon argues that the chancery court’s decision to grant summary judgment “is
flawed in two aspects:” the court failed (1) to consider this Court’s opinion in Richardson
“as a final judgment”; and (2) “to conduct an evidentiary hearing to properly consider the
legality of Sharon’s liens.” Summarily, Sharon contends that our mandate “created a
debtor-creditor relationship, which authorized the liens filed by Sharon in this matter.”
¶10. In Richardson, our Court affirmed in part and remanded in part the chancery court’s
final judgment for further proceedings regarding the value of the cattle award. There is
nothing in the record demonstrating that those proceedings ever took place (as Sharon
acknowledged). The Mississippi Supreme Court has held,
From time immemorial, we have adhered to the basic and elementary rule that our appellate affirmance ratifies, confirms, and declares that the trial court judgment was correct as if there had been no appeal. Upon issuance of our mandate, the trial court simply proceeds to enforce the final judgment. The execution of the mandate of this Court is purely ministerial.
5 Collins v. Acree, 614 So. 2d 391, 392 (Miss. 1993). Furthermore, as our disposition was not
to affirm but to reverse and remand (in part), there was no final “order” created by our
mandate. Therefore, we find no merit to Sharon’s argument that our mandate created a
debtor-creditor relationship between Thomas and Sharon.
¶11. Even were we to accept Sharon’s argument that our mandate somehow had the “legal
effect” of an enrolled judgment, her claim would be barred by the statute of limitations.
Mississippi Code Annotated section 15-1-47 provides in part: “A judgment or decree
rendered in any court held in this state shall not be a lien on the property of the defendant
therein for a longer period than seven years from the rendition thereof, unless an action be
brought thereon before the expiration of such time.” Sharon filed her liens in 2021, sixteen
years after our mandate was issued. She claims that because the chancery court never ruled
on the cattle valuation issue, the statute of limitations was tolled. However, as the Estate
notes, “Sharon never pursued any action . . . seeking a determination of any amounts due
from Thomas to Sharon” as a result of this court’s ruling.
¶12. As to the second issue, there is no evidence of an enrolled monetary judgment that
would provide the basis for the liens on Thomas’s real property. See Miss. Code Ann. § 11-
7-197 (Rev. 2019) (providing that a judgment “shall not be a lien upon or bind the property
of the defendant within the county in which such judgments or decrees may be rendered, until
an abstract thereof shall be filed in the office of the clerk of the circuit court of the county
and enrolled on the judgment roll”). Furthermore, the cited statutory authority to support
Sharon’s argument that her liens were valid—Mississippi Code Annotated section 11-7-
6 189—is not applicable to chancery court practice and procedure. See supra ¶5.
¶13. Viewing the evidence in the light more favorable to Sharon as the non-movant, we
find no triable issues of fact. Accordingly, we affirm the chancery court’s final judgment.
¶14. AFFIRMED.
CARLTON AND WILSON, P.JJ., WESTBROOKS, McDONALD, LAWRENCE, McCARTY, SMITH AND EMFINGER, JJ., CONCUR.