The experienced legal team at Lott Law is happy to announce that personal injury attorney, Matthew Lott successfully won a case in the Mississippi Supreme Court. On October 1, 2020, the Mississippi Supreme court issued an affirmed disposition in the case of Bell v. Gibson. The case focused on a property dispute and examined critical issues regarding jurisdictional procedure in the State of Mississippi. Matthew Lott, along with co-counsel, successfully worked on behalf of the appellees to deliver a favorable result to his client.
The Case of Bell v. Gibson
Quentin and Sharonda Bell filed a lawsuit against Mark Gibson and his company, Court Properties, Inc. in the County Court of Harrison County. The lawsuit alleges that Gibson committed fraud, breach of duty, bad faith, and wrongful foreclosure when Gibson evicted the Bells from their home. Following a trial, the county court unanimously ruled in favor of the Bell’s and awarded them compensatory and punitive damages of $636,508.00.
Following the county court ruling, Gibson moved for the case to be retried, but the motion was subsequently denied. Gibson then filed an appeal with the Circuit Court within 30 days of the county court’s decision. However, Gibson did not pay a cost bond within the 30-day period, as required by Mississippi law. Bell then filed a motion to dismiss Gibson’s appeal due to a lack of jurisdiction on the grounds that Gibson failed to pay the cost bond within 30 days.
The circuit court reviewed the case, determined that Gibson failed to pay the cost bond within 30 days of the county court ruling, therefore, he could not appeal his case due to a lack of jurisdiction. Following this decision, Gibson appealed to the Mississippi State Supreme Court.
Mississippi Supreme Court Decision
The Case of Bell v. Gibson raises several key issues before the state Supreme Court. This includes whether Gibson was denied due process when the circuit court denied his appeal on the grounds of lack of jurisdiction. After reviewing the case, the Mississippi Supreme Court found that, under Mississippi Law, failure to pay a cost bond within 30 days excludes the circuit court of appellate jurisdiction. Due to this, the original dismissal of Gibson’s appeal was affirmed by the state Supreme Court. In addition to the original award, Gibson received additional costs for attorney fees associated with the case.
Contact an Experienced Appeals Lawyer at Lott Law Today
Many people have trouble navigating the legal system in Mississippi without representation. An experienced appeals lawyer from Lott Law could examine your case and help you determine the best way forward. To speak to a member of our knowledgeable legal team, contact us today.