MISS. DEPT. OF HUMAN SERVICES v. Barnett
Mississippi Supreme Court
1Dissent
Because I believe that this court lacks jurisdiction I am compelled to dissent.
I
I agree with Barnett that, pursuant to Rule 54(b) Miss.R.Civ.P., the chancellor's "final judgment" was interlocutory in nature because it did not resolve all of the claims before the court. The Department of Human Services did not seek certification pursuant to Rule 54(b). Without Rule 54(b) certification, this Court does not have jurisdiction to entertain DHS' appeal. May v. V.F.W. Post No. 2539, 577 So.2d 372, 374 (Miss. 1991); Bradley et al. v. Holmes, 242 Miss. 247,134 So.2d 494 (1961).
Rule 54(b) provides:
When…
2Cases cited8 opinions
- Cox v. HOWARD, WEIL, LABOUISSEMississippi Supreme Court · 1987
- May v. VFW POST NO. 2539Mississippi Supreme Court · 1991
- Teller Environmental Systems, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1986
- Bradley v. HolmesMississippi Supreme Court · 1961
- Sidney Rabekoff, Trustee in Bankruptcy of Acorn Industries, Inc. v. Lazere & Co., Inc.Court of Appeals for the Second Circuit · 1963
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