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Lott v. Pritchett Constr. Co.

Court of Appeals of Mississippi

December 3, 2013

TRACY D. LOTT AND JENNIFER AVARA-LOTT, APPELLANTS
v.
PRITCHETT CONSTRUCTION COMPANY, APPELLEE

Page 438

COURT FROM WHICH APPEALED: LAUDERDALE COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 02/07/2013. TRIAL JUDGE: HON. ROBERT WALTER BAILEY. TRIAL COURT AFFIRMED JUDGMENT OF COUNTY COURT AWARDING PRITCHETT $11,912.26 PLUS 8% INTEREST.

DISPOSITION: AFFIRMED.

FOR APPELLANTS: STEVEN D. SLADE.

FOR APPELLEE: JOHN E. HOWELL.

BEFORE LEE, C.J., MAXWELL AND FAIR, JJ. IRVING, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR. GRIFFIS, P.J., NOT PARTICIPATING.

OPINION

Page 439

NATURE OF THE CASE: CIVIL - CONTRACT

LEE, C.J.

PROCEDURAL HISTORY

¶1. Pritchett Construction Company (Pritchett) filed a complaint in the Lauderdale County County Court against Tracy and Jennifer Lott (the Lotts), alleging the Lotts were in default on an open account with Pritchett. Pritchett sought the balance of the account, or $11,912.96. The Lotts filed a joint motion to dismiss and for summary judgment. The county court dismissed Pritchett's complaint with prejudice. Pritchett filed a motion to reconsider, which the county court granted. The county court set aside its judgment of dismissal with prejudice and allowed Pritchett to file an amended complaint. Pritchett subsequently filed an amended complaint, alleging breach of an oral contract. After a hearing on the matter, the county court entered judgment in Pritchett's favor and ordered the Lotts to pay damages of $11,912.96 plus 8% interest.

¶2. The Lotts appealed to the Lauderdale County Circuit Court, which affirmed the county court judge's decision. The Lotts now appeal to this Court, alleging the following issues: (1) Mississippi Code Annotated section 85-7-181 (Rev. 2011)[1] constituted the exclusive remedy for Pritchett's claim; and (2) the county court erred in reversing its 2009 dismissal of Pritchett's original complaint. Finding no error, we affirm.

FACTS

¶3. The Lotts entered into a contract with Marc Dunlap of Premier Builders to construct their new home in Lauderdale County. Dunlap hired Pritchett as a subcontractor to supply concrete as needed. ...


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