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Sanders v. Hoover

Court of Appeals of Mississippi

February 17, 2015

CARL E. SANDERS, APPELLANT
v.
TANYA HOOVER, MARY G. SANDERS AND KEISHA MOORE, APPELLEES

COURT FROM WHICH APPEALED: HUMPHREYS COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 09/24/2012. TRIAL JUDGE: HON. JANNIE M. LEWIS. TRIAL COURT DISPOSITION: GRANTED APPELLEES' MOTION TO DISMISS.

CARL E. SANDERS, APPELLANT (Pro se).

TANYA HOOVER, APPELLEES (Pro se).

MARY G. SANDERS, APPELLEES (Pro se).

KEISHA MOORE, APPELLEES (Pro se).

BEFORE GRIFFIS, P.J., CARLTON AND JAMES, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

NATURE OF THE CASE: CIVIL - TORTS - OTHER THAN PERSONAL INJURY AND PROPERTY DAMAGE

CARLTON, J.:

[¶1] Carl Sanders appeals the Humphreys County Circuit Court's dismissal of his lawsuit against Tanya Hoover, Mary Sanders, and Keisha Moore (collectively Appellees). Finding both Carl's motion to reconsider and his notice of appeal to be untimely filed, we affirm the judgment of the circuit court.

Page 1234

FACTS

[¶2] The procedural history in this case reflects that, in April 2012, Carl filed a civil complaint in circuit court against the Appellees. Carl's complaint requested that the circuit court issue a cease-and-desist order and a restraining order against the Appellees. Carl also asked the circuit court to award compensatory and punitive damages. The circuit court held a hearing on the matter on September 18, 2012. After listening to the parties and reviewing the record, the circuit court entered an order on September 24, 2012, which granted the Appellees' motion to dismiss.[1]

[¶3] On October 18, 2012, Carl filed a motion to reconsider. In their response, the Appellees asserted that Carl's motion should be denied because he failed to file his motion within the ten-day time limit provided by Mississippi Rule of Civil Procedure 59(e). Following the circuit court's denial of his motion for reconsideration, Carl filed a notice of ...


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