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Rodwell v. Chrisman

Court of Appeals of Mississippi

October 21, 2014

WILLIAM C. RODWELL, APPELLANT
v.
MICHAEL CHRISMAN, APPELLEE

DATE OF JUDGMENT: 09/12/2012.

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT,  TRIAL JUDGE: HON. LISA P. DODSON. TRIAL COURT DISPOSITION: GRANTED SUMMARY JUDGMENT IN FAVOR OF THE PLAINTIFF/APPELLEE.

FOR APPELLANT: ERIC D. WOOTEN.

FOR APPELLEE: STEPHEN WALKER BURROW.

BEFORE IRVING, P.J., BARNES AND CARLTON, JJ. LEE, C.J., GRIFFIS, P.J., BARNES, ISHEE, ROBERTS, MAXWELL, FAIR AND JAMES, JJ., CONCUR. IRVING, P.J., CONCURS IN RESULT ONLY WITHOUT SEPARATE WRITTEN OPINION.

OPINION

NATURE OF THE CASE: CIVIL - REAL PROPERTY

CARLTON, J.

¶1. The Harrison County Circuit Court granted Michael Chrisman's motion for

Page 567

summary judgment in an action involving a foreclosure sale and default on the payment of promissory notes. William Rodwell argues that the circuit court erred in granting summary judgment and also erred in denying Rodwell's motion for reconsideration. We dismiss for lack of jurisdiction due to Rodwell's failure to file a timely notice of appeal.[1]

FACTS

¶2. Mike Chrisman, William Rodwell, and Charles Tomasello formed CAL Investments LLC on February 2, 1998. The members of CAL formed several other related companies over the following two years before they terminated the business relationships through a purchase-and-sale agreement (PSA) dated January 20, 2000. Chrisman sold his ownership interest in CAL Investments to Rodwell and Tomasello. Rodwell and Tomasello paid Chrisman $60,000 in cash and also executed a promissory note for $273,622, requiring monthly payments for ten years, with a final balloon payment due January 21, 2010. In May 2008, Rodwell and Tomasello defaulted on the note, owing a balance of $156,864.57. On April 8, 2008, Rodwell and Tomasello, on behalf of CAL Investments, executed a second note to Chrisman for $50,000. As security for the promissory notes, on May 6, 2008, CAL Investment executed guarantees to Chrisman for all liabilities and other indebtedness of CAL Investments. As further security for the promissory notes, CAL Investments granted Chrisman a deed of trust in certain real property located in Gulfport, Mississippi.

¶3. CAL, Rodwell, and Tomasello defaulted on their payments to Chrisman. On March 24, 2010, Chrisman sent a demand letter to CAL Investments, stating that they were in default on their payments and that if full payment of the amount due was not received by April 24, 2010, Christman would foreclose on the real property.

¶4. On August 24, 2010, after posting and publication of the Notice for Sale, the Trustee foreclosed on the subject real property. Chrisman offered the highest bid at the foreclosure, obtaining the real property for $8,000. On February 4, 2011, Chrisman then filed suit for ...


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