Leathers v. Tupelo Coffee Co., 54083
| Decision Date | 08 December 1982 |
| Docket Number | No. 54083,54083 |
| Court | Mississippi Supreme Court |
| Parties | Charles Dane LEATHERS v. TUPELO COFFEE CO., and Aetna Casualty & Surety Co. |
There are three appeal cases involving the questions of entitlement and collection of workmen's compensation benefits of Charles Dane Leathers.
(1) Cause No. 51,898 was the first appeal from the Lee County Circuit Court order of August 30, 1979, which decision was affirmed by this Court without opinion. The case had unresolved disputed issues, and the workmen's compensation commission and circuit court heard subsequent proceeding involving these disputes. The last order of the circuit court dated January 27, 1982 remanded the cause to the Mississippi Workmen's Compensation Commission to make certain determinations. This order also denied a request for a writ of mandamus against the circuit clerk directing that she enroll a judgment in favor of Leathers.
(2) The limited issue of the request for the writ of mandamus against the circuit clerk was the subject of the second appeal. This appeal by Leathers made the circuit judge and circuit clerk defendants in Misc. No. 1317 and was concluded by this Court on November 1, 1982 denying the requested writ. Justice Hawkins set forth the lengthy facts of this legal proceeding in this opinion acknowledging again the unresolved questions.
(3) This present appeal, in Cause No. 54,083, represent a review of the circuit court order of January 27, 1982. In this cause two motions have been filed. Appellees (employer/carrier) seeks a dismissal of the appeal on the ground that the appeal was not perfected within the statutory period. The appellant Leathers filed a motion to hold appeal in abeyance pending resolution of the mandamus request in Misc. Cause No. 1317. The Court has withheld action on both motions until the mandamus issue was finally determined, thereby granting appellant's (Leather's) motion to hold in abeyance.
Addressing the request to dismiss the appeal, this Court sustains said motion, but without prejudice to either party.
As reason for this action, the Court is of the opinion that the last circuit court order of January 27, 1982, was not a final order. It is interlocutory in nature. A remand to the Mississippi Workmen's Compensation Commission for determination of...
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Sonford Products Corp. v. Freels
...Dunn, Mississippi Workmen's Compensation Sec. 258 (1982). See also, Leathers v. Gardner, 425 So.2d 1336 (Miss.1982), Leathers v. Tupelo Coffee Co., 423 So.2d 122 (Miss.1982). However, this Court recently recognized that in exceptional circumstances appeals from interlocutory orders in circu......
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Wilson v. Mississippi Employment Security Com'n
...of the case to the Commission. For twenty years Priester was the law on appeals from state agencies and then came Leathers v. Tupelo Coffee Co., 423 So.2d 122 (Miss.1982). On January 27, 1982, the Lee County Circuit Court remanded an appeal from the Mississippi Workmen's Compensation Commis......
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Freeman Truck Line, Inc. v. Merchants Truck Line, Inc., 07-CC-59380
...undetermined and when the cause is retained for further action." 2 Am.Jur.2d Administrative Law Sec. 585 (1962). In Leathers v. Tupelo Coffee Co., 423 So.2d 122 (Miss.1982), we were called upon to review a circuit court order which remanded a case to the Workmen's Compensation Commission fo......