COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 08/06/2012. TRIAL JUDGE: HON. WILLIAM A. GOWAN JR. TRIAL COURT DENIED CROWN COMMUNICATION'S MOTION FOR SUMMARY JUDGMENT AND GRANTED T6 UNISON SITE MANAGEMENT'S MOTION FOR SUMMARY JUDGMENT.
FOR APPELLANT: JOHN NELSON ROCRAY, JOHN MARTIN LASSITER.
FOR APPELLEES: JAMES WILBOURN VISE, ALEXANDER FREDERICK GUIDRY, DANNY ALTON DRAKE, ROBERT T. HIGGINBOTHAM JR.
BEFORE LEE, C.J., BARNES AND ISHEE, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.
NATURE OF THE CASE: CIVIL - CONTRACT
¶1. Crown Communications LLC (Crown) appeals the Hinds County Circuit Court's decision to deny its motion for summary judgment and to grant the motion for summary judgment filed by T6 Unison Site Management LLC (Unison). Finding that the circuit court's order was not a final, appealable judgment, we dismiss the appeal.
SUMMARY OF FACTS AND PROCEDURAL HISTORY
¶2. On December 11, 2000, Crown (also referred to as Lessee) entered into a Lease Agreement with Sammie and Nora Ormon (also referred to as Lessor) for the purpose of erecting and operating a wireless-communications facility on a portion of Sammie and Nora's property. Under the terms of the Lease Agreement, Crown was to pay a monthly rental fee to Sammie and Nora in exchange for use of the specified property. Additionally, the Lease Agreement provided:
If during the Lease Term Lessor elects to sell all or any portion of the Leased Premises, whether separate or as part of the larger parcel of which the Leased Premises is a part, Lessee shall have the right of first refusal to meet any bona fide offer of sale on the same terms and conditions of such offer. If Lessee fails to meet such bona fide offer within thirty days after notice thereof from Lessor, Lessor may sell the Leased Premises or portion thereof to such third person in accordance with the terms and conditions of the offer.
Both Sammie and Nora subsequently died, and title to the property was transferred to their sons, Brad and Jeff Ormon (the " Ormons" ) on May 20, 2010.
¶3. On July 27, 2010, the Ormons and Unison entered into a Wireless Communication Easement and Assignment Agreement (Assignment), which assigned to Unison the Ormons' rights and duties under the Lease Agreement, as well as a nonexclusive easement for ingress and egress. The Ormons retained fee-simple ownership of the property and were responsible for paying the property taxes.
¶4. In October 2010, Crown ceased making rental payments, and Unison sent Crown a default notice on December 20, 2010. Unison filed a complaint against Crown on January 12, 2011, for " breach of contract, bad faith breach of contract, and an action to remove and/or evict [Crown] from the site and premises[.]" Crown responded and filed a counterclaim, arguing that the Assignment did not grant Unison an easement, but rather that the Assignment conveyed a property interest to Unison, which should have triggered the " right of first refusal" clause of the Lease Agreement. Therefore, Crown asserted that the ...