Williams v. Delta Regional Medical Center, 97-CA-01001-SCT.
| Decision Date | 06 May 1999 |
| Docket Number | No. 97-CA-01001-SCT.,97-CA-01001-SCT. |
| Citation | 740 So.2d 284 |
| Parties | Pearlie WILLIAMS v. DELTA REGIONAL MEDICAL CENTER. |
| Court | Mississippi Supreme Court |
Martin A. Kilpatrick, Greenville, Attorney for Appellant.
L. Carl Hagwood, Greenville, Vikki J. Taylor, Attorneys for Appellee.
En Banc.
¶ 1. Appellant Pearlie Williams appeals from an order of the Washington County Circuit Court which granted a summary judgment in favor of appellee Delta Regional Medical Center (DRMC) in Williams's wrongful death medical malpractice action against Dr. James R. Beckham and DRMC arising from the stillbirth of Williams's child on September 8, 1994. Because the circuit court's order did not terminate Williams's complaint and action against Dr. Beckham and was not certified by the circuit court as a Miss. R. Civ. P. 54(b) final judgment as to DRMC, we conclude that the order is not appealable. Therefore, we dismiss this appeal for lack of an appealable order.
¶ 2. A stillborn child was delivered of Williams by Dr. Beckham on September 8, 1994, at DRMC, a community hospital in Greenville, Mississippi. Williams filed a wrongful death medical malpractice action against Dr. Beckham and DRMC on August 6, 1996, alleging that they were negligent during the delivery of her child causing it to be stillborn. Both Dr. Beckham and DRMC were served with process, appeared through separate counsel, answered the complaint, and participated in discovery in the circuit court.
¶ 3. On August 30, 1996, DRMC moved for summary judgment on the basis that Williams's complaint and action against it were barred by the one (1) year statute of limitations provided by the Mississippi Tort Claims Act, Miss.Code Ann. § 11-46-11 (Supp.1996), since she filed her complaint one (1) year and eleven (11) months after the date of the alleged injury. Williams filed her response to DRMC's summary judgment motion, claiming that she had no knowledge of any wrongdoing by the hospital or Dr. Beckham until December 19, 1995.
¶ 4. By order entered on June 3, 1997, the circuit court granted DRMC's motion for summary judgment on the basis that DRMC is a political subdivision of the State of Mississippi and may only be sued under the Mississippi Tort Claims Act which allows suit only within one (1) year from the date of the alleged injury. Since Williams filed her action one (1) year and three-hundred and thirty-one (331) days after the date of the allegedly tortious conduct, the circuit court concluded that Williams's complaint against DRMC was barred by the statute of limitations. The circuit court's order did not terminate the action, did not dismiss as to Dr. Beckham, and was not certified under Miss. R. Civ. P. 54(b) as a final judgment as to DRMC. Williams appealed from that order.
¶ 5. The parties have not raised an issue as to whether the circuit court's order is appealable. However, we must address this question on our own initiative. See Cox v. Howard, Weil, Labouisse, Friedrichs, Inc., 512 So.2d 897, 899 (Miss., 1987)(sua sponte dismissing appeal for improper Rule 54(b) certification).
¶ 6. Rule 54(b) of the Mississippi Rules of Civil Procedure provides:
Judgment Upon Multiple Claims or Involving Multiple Parties. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an expressed determination that there is no just reason for delay and upon an expressed direction for the entry of the judgment. In the absence of such determination and direction, any order or other form of decision, however designated which adjudicates fewer than all of the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and...
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In re Rules Procedure
...unless the order appealed from has been properly certified as a final judgment pursuant to Rule 54(b). See, e.g., Williams v. Delta Reg'l Med. Ctr., 740 So. 2d 284 (Miss. 1999). Rule 54(b) gives a trial court discretion to certify an interlocutory order as a final judgment if the court dete......
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Myatt v. Peco Foods of Mississippi, Inc.
...this Court would be required to address the appealability of the circuit court's order on our own initiative. See Williams v. Delta Reg'l Med. Ctr., 740 So.2d 284, 285(¶ 5) (Miss.1999) (although a party fails to raise the issue as to whether the circuit court's order is appealable, the appe......
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Fairley v. George County, No. 1999-CA-01583-SCT.
...will dismiss uncertified interlocutory appeals.1See Owens v. Nasco Intern'l, Inc., 744 So.2d 772 (Miss.1999); Williams v. Delta Reg'l Med. Ctr., 740 So.2d 284 (Miss.1999). ¶ 5. The summary judgment order dismissing George County was not a final judgment and could not be appealed until after......
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Rosson v. McFarland, No. 2004-CA-00078-SCT.
...v. Veach, 754 So.2d 1172, 1173-74 (Miss.2000); Owens v. Nasco Int'l, Inc., 744 So.2d 772, 774 (Miss. 1999); Williams v. Delta Reg'l Med. Ctr., 740 So.2d 284, 285 (Miss.1999). Only Rosson appealed, and McFarland cross-appealed only as to Rosson.2 This anomaly was not discovered until this Co......