BEFORE ROY NOBLE LEE, ANDERSON and GRIFFIN
ROY NOBLE LEE, CHIEF JUSTICE, FOR THE COURT:
South Central Turf, Inc., has appealed from a June 13, 1986, order of the Circuit Court of the First Judicial District, Hinds County, Mississippi, affirming action of the Jackson City Council in accepting the bid of appellant's competitor and awarding a contract for the rental of golf carts and in dismissing the appeal of appellant from the action of the Jackson City Council. The dismissal was without prejudice as to appellant's right to bring further or different action on the same or similar subject matter in a court of competent jurisdiction.
The appellant contends that the lower court committed four (4) errors in rendering the judgment. We address only the following two (2) assigned errors, which will be combined in this discussion:
THE CHANCERY COURT ERRED IN FINDING LACK OF JURISDICTION ON COMPLAINT REQUESTING INJUNCTIVE RELIEF.
THE CIRCUIT COURT ERRED IN FINDING APPELLANT HAD NOT PERFECTED ITS APPEAL ACCORDING TO STATUTE.
Appellant South Central Turf, Inc. has been leasing golf carts to the City of Jackson for use at municipal golf courses since 1982. The leasing contract was to expire on February 1, 1986, and, on January 10 and 14, 1986, the City of Jackson advertised for bids on a new contract covering one hundred fifteen (115) golf carts. Bids were received from E-Z-Go Textron, Inc. at $72.00 per cart per month, Duncan Golf Car Sales & Leasing Co., Inc. at $74.85 per cart per month, and appellant South Central Turf, Inc. at $73.00 per cart per month. The City Public Works Director recommended that the E-Z-Go bid be accepted. On April 1, 1986, the Jackson City Council voted unanimously to award the lease contract to E-Z-Go, and on April 8, the Mayor signed the minutes of the April 1 meeting, thereby making the E-Z-Go award official.
On April 15, 1986, appellant petitioned the City Council to review the bids, and on April 29, appellant presented oral argument to the Council in support of the petition, and the matter was referred to the Council's Rules Committee. On May 6, the Rules Committee advised the Council "that the process concerning award of the bid for golf carts is appropriate and no further action be taken."
On May 9, 1986, appellant filed suit againt the City of Jackson in the Chancery Court of the First Judicial District of Hinds County, Mississippi, seeking a temporary restraining order and a permanent injunction enjoining the City from executing a lease with E-Z-Go, and also prayed for actual damages. The chancellor issued a temporary restraining order enjoining the City from taking any action regarding the leasing of golf carts, but the chancellor subsequently sustained the City of Jackson's motion to dissolve the injunction. The chancellor held that under Mississippi Code Annotated 11-51-75 (1972), appellant's exclusive remedy was an appeal to the circuit court, and appellant's complaint was dismissed for lack of jurisdiction. On May 19, appellant moved the chancery court to amend its opinion and to direct that the cause be transferred to the Circuit Court of the First Judicial District of Hinds County as required by Section 162, Mississippi Constitution 1890. The motion was granted and the cause was transferred to the circuit court.
On May 16, 1986, following 11-51-75, appellant submitted to the City Council for the president's signature a bill of exceptions setting forth its version of the facts. The President of the Council declined to sign the bill of exceptions because it was "argumentative, besides being incorrect." Thereupon, the City attorney drafted a "corrected" bill of exceptions which was signed by the president and forwarded to the circuit court as required by
11-51-75. A copy of appellant's bill of exceptions (unsigned) was attached as an exhibit to the "corrected" bill.
Appellant moved the circuit court, on May 22, 1986, to issue a stay order enjoining the City from taking any action regarding the leasing of golf carts, which motion was granted pending a ...