OF JUDGMENT: 07/13/2015
COUNTY CIRCUIT COURT, HON. ROBERT B. HELFRICH.
ATTORNEY FOR APPELLANT: DANIEL MYERS WAIDE.
ATTORNEYS FOR APPELLEE: RICHARD MONTAGUE W. THOMAS SILER, JR.
JASON THOMAS MARSH.
RANDOLPH, P.J., COLEMAN AND MAXWELL, JJ.
HansaWorld USA, Inc. (HansaWorld) enrolled a foreign judgment
in the Forrest County Circuit Court against Kimberlee
Davenport from an award ordered by a court in Florida on
claims of conversion and extortion. Davenport, a former
employee of HansaWorld, also maintained claims against
HansaWorld in a separate action before a federal district
court in Mississippi alleging several violations of state and
federal law, including Title VII of the Civil Rights Act for
sexual harassment and discrimination (Employment Action).
HansaWorld sought to collect on its foreign judgment by
petitioning the circuit court to sell Davenport's
Employment Action, so the circuit court entered a Writ of
Execution. With the Employment Action set to be auctioned off
by the Forrest County sheriff, Davenport filed an Emergency
Motion to Quash Writ of Execution mere days before the
scheduled sale. At a hearing on the motion, the circuit court
granted Davenport's motion to quash on the condition that
she post a $100, 000 bond by that afternoon, the day of the
scheduled sheriff's sale. Davenport failed to post the
conditional bond, and as a result, the sheriff sold her
Employment Action to the highest bidder, HansaWorld, for $1,
000. Following sale of her Employment Action, Davenport
appealed to the Court.
AND PROCEDURAL HISTORY
On January 13, 2015, the Eleventh Judicial Circuit in
Miami-Dade, Florida, entered a judgment against Kimberlee
Davenport in favor of her former employer HansaWorld USA,
Inc., on claims of conversion and extortion. In total,
Davenport was ordered to pay HansaWorld $265, 719.45. At the
same time as the preceding litigation, Davenport maintained
claims against HansaWorld in the United States District Court
for the Southern District of Mississippi alleging several
violations of state and federal law, including Title VII of
the Civil Rights Act for sexual harassment and discrimination
(Employment Action). To further collection of the enrolled
judgment, HansaWorld petitioned the Forrest County Circuit
Clerk to enter a Writ of Execution of Enrolled Judgment, and
the circuit clerk issued the writ, notifying the Forrest
County sheriff to auction off Davenport's Employment
Action in a sheriff's sale.
Before the sheriff's sale could commence, Davenport filed
for Chapter 13 bankruptcy relief in Texas, which placed an
automatic stay on collection by all of her creditors,
including HansaWorld. However, Davenport failed to appear at
several bankruptcy proceedings, so the court dismissed her
claim. Following the dismissal, the circuit clerk entered an
Alias Writ of Execution of Enrolled Judgment in a second
attempt to auction off Davenport's Employment Action in a
sheriff's sale scheduled for July 13, 2015.
On July 7, 2015, Davenport filed an Emergency Motion to Quash
Writ of Execution. In her motion to quash, Davenport argued
that, due to the nature of the claims she was making, the
court should not allow her Employment Action to be sold
because doing so would violate her constitutional rights.
Davenport also argued that her Title VII claim should not be
sold because the statute did not allow it, and the court
would be going against public policy by selling a
person's civil actions. The circuit court scheduled a
hearing on the motion to quash for July 13, 2015, the
intended day of the sheriff's sale.
In response to Davenport's Emergency Motion, HansaWorld
argued in brief and at the hearing that the employment action
was Davenport's property right, not a civil right, so it
could be sold at a sheriff's sale. HansaWorld supported
its argument by stating that her claims were under Title VII,
which confers statutory rights, not constitutional rights.
HansaWorld also requested that the circuit court require
Davenport to pay a bond if it granted the motion to quash
because allowing a stay of the sheriff's sale essentially
was a temporary injunction.
At the hearing, the court granted the motion to quash but
conditioned the grant on Davenport posting a $100, 000 bond
by two o'clock that afternoon or else the sheriff's
sale would proceed as scheduled. Davenport's counsel did
not object to the conditional bond at the
hearing. On the same day, the circuit court issued
its Order Granting Emergency Motion to Quash Alias Writ of
Execution Conditioned On Posting of $100, 000 Bond and within
After considering the pleadings and the arguments and
representations of counsel, the court finds that the
emergency motion to quash the alias writ of execution shall
be and hereby is granted, conditioned on the posting ...