Leathers v. Tupelo Coffee Co., 54083

• Decision Date: 08 December 1982
• Docket Number: No. 54083,54083
• Citation: 423 So.2d 122
• Court: Mississippi Supreme Court
• Parties: Charles Dane LEATHERS v. TUPELO COFFEE CO., and Aetna Casualty & Surety Co.

Page 122

423 So.2d 122

Charles Dane LEATHERS v.TUPELO COFFEE CO., and Aetna Casualty &SuretyCo.

No. 54083.

Supreme Court of Mississippi.

Dec. 8, 1982.

William S. Lawson, Tupelo, for appellant.

Claude F. Clayton, Jr., Mitchell, Eskridge, Voge, Clayton & Beasley, Tupelo, for appellees.

ON MOTIONS

PRATHER, Justice, for the Court:

There are three appeal cases involving the questions of entitlement and collection of workmen's compensation benefits of Charles Dane Leathers.

(1)CauseNo. 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 CauseNo. 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. CauseNo. 1317.The...