Aronson v. THE UNIVERSITY OF MISSISSIPPI

• Decision Date: 10 October 2002
• Docket Number: No. 2000-CT-00826-SCT.,2000-CT-00826-SCT.
• Citation: 828 So.2d 752
• Parties: Nicholas Mark ARONSON v. THE UNIVERSITY OF MISSISSIPPI.
• Court: Mississippi Supreme Court

828 So.2d 752

Nicholas Mark ARONSON v. THE UNIVERSITY OF MISSISSIPPI.

No. 2000-CT-00826-SCT.

Supreme Court of Mississippi.

October 10, 2002.

John L. Maxey, II, John F. Hawkins, Jackson, attorneys for appellant.

Mary Ann Connell, L. Lee Tyner, Jr., Office of the Attorney General by Charles Thomas Rubisoff, attorneys for appellee.

EN BANC.

ON WRIT OF CERTIORARI

WALLER, J., for the Court.

¶ 1. Nicholas Mark Aronson's breach of contract action against the University of Mississippi was dismissed in the chancery court. The Court of Appeals reversed the dismissal of Aronson's case, rendered judgment in favor of Aronson on the merits of his claim and remanded the matter for calculation of Aronson's damages. We granted certiorari to consider the questions presented. After consideration we reverse the judgments of the Court of Appeals and the chancery court and remand to the chancery court for further proceedings.

FACTS

¶ 2. In 1997, Nicholas Aronson, who was then a high school senior in Marietta, Georgia, was in the process of deciding where to go to college. He obtained a 1997 school catalog from the University of Mississippi ("Ole Miss"). In the catalog's section on scholarships, Aronson was particularly interested in the John N. Waddell Scholarship which was awarded to out-of state entering freshmen who were otherwise qualified. The amount of the scholarship was $4000 over four years, plus a waiver of the out-of-state tuition fee. ¶ 3. Aronson applied to and was admitted by Ole Miss in November, 1997, for the 1998-99 academic year. In April, 1998, Aronson paid fees for orientation and a dormitory room deposit to preserve his placement at Ole Miss. Prior to June, 1998, Aronson's stepfather, Larry Shealy, called the Ole Miss financial aid department to confirm the Waddell Scholarship requirements and the nature of the award.

¶ 4. In June, 1998, Aronson attended freshman orientation at Ole Miss. At that time, he was given a copy of the 1998 catalog, which showed that the Waddell Scholarship had changed from $4,000 to $2,000 over four years, but still contained the waiver of out-of-state tuition. Shealy visited Cathey Morrison, the Assistant Director of Admissions, who informed him that the criteria for the scholarship had changed and that Aronson did not qualify for the out-of-state tuition waiver. She further informed Shealy that the scholarship had been reduced to $2,000, payable over four years.

¶ 5. Shealy then discussed this matter with several other Ole Miss officials, who acknowledged the scholarship terms as contained in the 1997 and 1998 school catalogs, but stated that there had been an error in the printing of the 1997 catalog and Ole Miss would not honor the scholarship terms as stated in the 1997 catalog.

¶ 6. Aronson filed a complaint against Ole Miss in Hinds County Chancery Court, alleging breach of contract and asking for declaratory and injunctive relief. Venue was subsequently transferred to Lafayette County.

¶ 7. During trial, at the conclusion of Aronson's case in chief, Ole Miss moved to dismiss. Granting the motion, the chancery court found as follows: (1) As a state-supported institution, Ole Miss would not be held to the same standard as a private corporation in matters of contract; (2) A contract had not been established; (3) While the terms of the catalog could be relied upon, the complete catalog had to be considered, including the following provision:

This catalog is not an unchangeable contract but, instead, an announcement of present policies only. Implicit in each student's matriculation with the University is an agreement to comply with the University rules and regulations which the University may modify to exercise properly its educational responsibility.

(4) The disclaimer was "not the best," but was "adequate"; and (5) "Without having the right to change it [the catalog contents], there's no way the university could exist."

¶ 8. The case was appealed and assigned to the Court of Appeals. See Aronson v. Univ. of Miss., No.2000-CA-00826-COA (Miss.Ct.App. Oct.2, 2001). The Court of Appeals found as follows: (1) A contract between Aronson and Ole Miss pertaining to the Waddell scholarship was made when Aronson indicated his acceptance of the conditional offer by the submission of his orientation fees and dormitory room deposit in April of 1998; (2) The terms of the contract were contained in the 1998 catalog; (3) The reasons for the change as to the terms of the Waddell Scholarship were not academic; (4) The disclaimer contained in the catalog only allowed for changes designed to further Ole Miss'"educational responsibility"; (5) The change in terms of the Waddell Scholarship did not concern Ole Miss'"educational responsibility"; and (6) As a result, if Aronson honored the conditions of the Waddell Scholarship as provided in the 1998 catalog, then "he had a reasonable expectation and an entitlement to receive the full four years of scholarship." ¶ 9. Accordingly, the Court of Appeals reversed the judgment of the chancery court, rendered judgment for Aronson, and remanded the case to the chancellor to calculate damages and enter an appropriate award for Aronson.

¶ 10. We unanimously granted certiorari. See Aronson v. Univ. of Miss., 822 So.2d 974 (Miss.2002) (table). Ole Miss raises three issues on certiorari. Because we find the first issue dispositive, discussion of the other two issues is not necessary.

DISCUSSION

¶ 11. As a preliminary matter, because this case was tried without a jury, the motion made at the close of Aronson's case-in-chief should be termed a motion to dismiss instead of a motion for directed verdict. Buelow v. Glidewell, 757 So.2d 216, 220 (Miss.2000). Rule 41(b) of the Mississippi Rules of Civil Procedure provides that such a motion is made when a defendant contends that, upon the...