U.S. Currency v. State of Mississippi
This text of U.S. Currency v. State of Mississippi (U.S. Currency v. State of Mississippi) 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.
Opinion
Serial: 173642 IN THE SUPREME COURT OF MISSISSIPPI
No. 2011-TS-00831
PAUL RICKS Appellant
v.
STATE OF MISSISSIPPI Appellee
ORDER
This matter came before the Court, en banc, on the Motion to Dismiss Appeal filed
by the State of Mississippi. On April 6, 2011, a panel of this Court granted the Petition for
Interlocutory Appeal filed by Paul Ricks, by which Ricks appealed an interlocutory order
entered by the County Court of Rankin County in its case No. 2006-921, styled State of
Mississippi, Ex Rel. v. Sixty-Nine Thousand nine Hundred Seventy-Five Dollars ($69,975.00)
in United States Currency and Six Thousand Three Hundred Fifteen Dollars ($6315.00) in
United States Currency. This Court assigned it case No. 2011-IA-00280. Subsequent to
granting the interlocutory appeal, the county court entered a final judgment in its case No.
2006-921. On May 27, 2011, Ricks filed a Notice of Appeal with this court, seeking a direct
appeal from the county court’s final judgment. The State of Mississippi seeks to have this
Court dismiss the direct appeal, arguing that it should have been filed with the Circuit Court
of Rankin County. We agree the direct appeal should have been filed in the circuit court.
Nonetheless, dismissal is not warranted. Rather, the Court finds that the interlocutory appeal
(case No. 2011-IA-00280) should be consolidated with the direct appeal (case No. 2011-TS- 00831) and both remanded to the Circuit Court of Rankin County for consideration of all
issues.
IT IS THEREFORE ORDERED that the Motion to Dismiss Appeal, filed by the State
of Mississippi, is hereby denied.
IT IS FURTHER ORDERED that the interlocutory appeal currently pending before
this Court in case No. 2011-IA-00280 shall be consolidated with the instant case.
IT IS FURTHER ORDERED that the consolidated cases shall be remanded to the
Circuit Court of Rankin County for consideration of all issues.
SO ORDERED, this the 13 th day of December, 2011.
/s/ Michael K. Randolph MICHAEL K. RANDOLPH, JUSTICE FOR THE COURT
AGREED: ALL JUSTICES.
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