Legal Opinion

Viola Bolton v. Illinois Central Railroad Company

Court of Appeals of Mississippi

Decided May 2, 2017No. 2015-CA-01708-COAPublishedCited by 4 opinions

1Opinion of the Court

ISHEE, J.,

FOR THE COURT:

¶ 1. The Circuit Court of Attala County dismissed Viola Bolton’s claims against Illinois Central Railroad Company (“ICRC”) and Cliff Bishop for untimely service of process. Bolton appeals the circuit court’s dismissal. Bolton failed to timely appeal within the constraints of Mississippi Rule of Appellate Procedure 4; therefore, we find that her appeal is procedurally barred, thus divesting this Court of jurisdiction. Because our finding is dispositive, we decline to delve into the merits of the underlying dismissal. Therefore, we dismiss with prejudice.

FACTS AND…

2Cases cited3 opinions

  1. Tandy Electronics, Inc. v. FletcherMississippi Supreme Court · 1989
  2. Matter of Estate of WareMississippi Supreme Court · 1990
  3. Minchew v. StateCourt of Appeals of Mississippi · 2007

3Cited by4 opinions

  1. Greg Massey v. Oasis Health & Rehab of Yazoo City, LLCCourt of Appeals of Mississippi · 2018
  2. Smith v. StateCourt of Criminal Appeals of Alabama · 2011
  3. Greg Massey v. Oasis Health & Rehab of Yazoo City, LLCCourt of Appeals of Mississippi · 2018
  4. Willie Brown v. Blue Cane Cowart Tippo Water Association,Inc.Court of Appeals of Mississippi · 2019

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API