MOORE v. McDONALD, No. 2009-CA-01451-COA.

• Court: Court of Appeals of Mississippi
• Citation: 47 So.3d 1186
• Docket Number: No. 2009-CA-01451-COA.
• Parties: Kenneth MOORE, Jr. and Carolyn M. Moore, Appellants v. Roy D. McDONALD, Donna R. McDonald, Harold Belton and Ruth Belton, Appellees.
• Decision Date: 07 September 2010

47 So.3d 1186

Kenneth MOORE, Jr. and Carolyn M. Moore, Appellants
v.
Roy D. McDONALD, Donna R. McDonald, Harold Belton and Ruth Belton, Appellees.

No. 2009-CA-01451-COA.

Court of Appeals of Mississippi.

Sept. 7, 2010.

47 So.3d 1187

William L. Ducker, Purvis, attorney for appellants.

Nathan S. Farmer, Picayune, attorney for appellees.

Before KING, C.J., ROBERTS and CARLTON, JJ.

CARLTON, J., for the Court:

¶ 1. This is an appeal challenging the Pearl River County Chancery Court's grant of Harold and Ruth Belton's and Roy and Donna McDonald's (collectively, the Beltons and McDonalds) motion for a judgment on the pleadings regarding a tract of real property. On appeal, Kenneth and Carolyn Moore (collectively, the Moores) argue that the chancellor erred by granting the Beltons' and McDonalds' motion and also by failing to allow the Moores to amend their complaint after the motion had been granted. The Moores also claim the chancellor erred in finding that the McDonalds and Beltons had title to the real property at issue superior to that of the Moores. Finding no error in the decision of the chancery court to grant the McDonalds' and Beltons' motion for a judgment on the pleadings and to quiet and confirm the title to their respective tracts of land against any claim of the Moores, we affirm.

FACTS

¶ 2. In 1995, Lamar Moore and his brother, Kenneth, approached William Garrett, now deceased, about buying and splitting a 20.6-acre tract of land on Tee Road in Pearl River County, Mississippi. Garrett sold the property to each of the brothers on a lease-purchase agreement until the purchase price was paid in full. ¹ Kenneth married and built a home on his side of the property, but he did not finish out the contract for sale and purchase until 2008. He received a special warranty deed from Garrett's estate on August 28, 2008. However, Kenneth failed to record the contract for sale and purchase, executed by himself and Garrett, in the chancery clerk's office.

¶ 3. On September 15, 1998, Lamar and Garrett executed a warranty deed conveying Lamar's 10.34 acres to Roy McDonald and his wife, Donna McDonald. The conveyance reserved a twenty-five foot easement along the north boundary of the property. On March 20, 2007, the McDonalds transferred title to a portion of the property to their son-in-law, Harold Belton, pursuant to a warranty deed. When Harold's deed was recorded, Roy and Harold moved their driveway over by 8 feet on Tee Road, and by fifteen feet on the back or north end of the property. Kenneth now asserts that the McDonalds and Beltons encroached on his property when they moved the driveway. Kenneth also submits that he is the owner of the property lying east of the McDonalds' and

47 So.3d 1188

Beltons' property. However, Kenneth does not appear in the chancery clerk's record as the owner of the property. The record title owner is Garrett.

¶ 4. On June 17, 2008, the McDonalds and Beltons filed a complaint to quiet and confirm title and to remove the cloud on the title and for other relief. On September 2, 2008, Kenneth filed his answer with affirmative defenses, and he sought intervention for Carolyn Moore in this action pursuant to her motion to intervene as a party defendant. The Moores filed a cross-complaint on February 10, 2009.

¶ 5. On the morning of trial, the chancellor called the parties into his chambers to discuss the objections to the exhibits that would be presented. The McDonalds' and Beltons' attorney moved for a judgment on the pleadings pursuant to Rule 12(c) of the Mississippi Rules of Civil Procedure. The chancellor granted the motion, and no objections were made on the record. The chancellor held that Kenneth's purchase contract did not appear on the Pearl River County chancery clerk's record, and he stated that the law favors the settlement of titles based upon conveyances that are completed in accordance with the law. The chancellor advised the Moores that they could seek a remedy against Garrett's estate to resolve the issue. As to the McDonalds and Beltons, the chancellor found that they were entitled to have title to their tract of property quieted and confirmed against any claims of the Moores. Aggrieved, the Moores now appeal to this Court.

STANDARD OF REVIEW

[1] ¶ 6. A motion for a judgment on the pleadings under Rule 12(c) is reviewed de novo. R.J. Reynolds Tobacco Co. v. King, 921 So.2d 268, 270 (¶ 10) (Miss.2005). The Mississippi Supreme Court has held that the denial of a party's opportunity to amend their pleadings under Mississippi Rule of Civil Procedure 15(a) is reviewed under an abuse-of-discretion...