Legal Opinion · Dissent

Deutsche Bank National Trust Co. v. Brechtel

Court of Appeals of Mississippi

Decided January 31, 2012No. 2010-CA-01794-COAPublished

1DissentCarlton, J.

¶ 17. I respectfully dissent. The majority opinion raises an issue as to this Court’s jurisdiction and states that the denial of a motion for a default judgment is not a final, appealable judgment. The majority ultimately determines that this Court lacks jurisdiction to hear this appeal. I most respectfully disagree with this conclusion. As I find that this appeal is properly before this Court, I must respectfully dissent.

¶ 18. I acknowledge that an appeal “may be taken as a matter of right only after the trial court disposes of all the claims against all defendants.” Calvert v. Griggs, 992…

2Cases cited14 opinions

  1. Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
  2. Thomson v. WoosterSupreme Court of the United States · 1885
  3. City of Natchez, Miss. v. SullivanMississippi Supreme Court · 1992
  4. Dynasteel Corp. v. Aztec Industries, Inc.Mississippi Supreme Court · 1992
  5. American States Insurance v. RogillioMississippi Supreme Court · 2009

9 more not listed; retrieve them via the Exa API.

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

Powered by the Exa API