JOSEPH THOMPSON, INDIVIDUALLY AND IN HIS CAPACITY AS THE ADMINISTRATOR OF THE ESTATE OF VICKIE THOMPSON, DECEASED APPELLANT
WILLIAM P. MEYER, JOHN M. MEYER, AND BUD'S MOBILE HOMES, INC. APPELLEES
OF JUDGMENT: 06/03/2014
COUNTY CHANCERY COURT, SECOND JUDICIAL DISTRICT, HON. JAMES
ATTORNEY FOR APPELLANT: WAYNE L. HENGEN.
ATTORNEY FOR APPELLEES: VIRGIL G. GILLESPIE.
Joseph Thompson, individually and as the administrator of the
estate of Vickie Thompson, appeals the judgment of the
Harrison County Chancery Court, Second Judicial District,
arguing that the chancellor erred in denying his Mississippi
Rule of Civil Procedure 60(b)(6) motion.
Finding no error, we affirm.
This is a breach-of-contract case that was dismissed for want
of prosecution. In 2003, Thompson and his wife Vickie
(hereinafter the Thompsons, unless the context requires
otherwise), entered into an agreement creating a joint
venture with John Meyer and William Meyer (hereinafter Meyer,
unless the context requires otherwise), involving End of the
Rainbow Trailer Park, which was owned and operated by the
Thompsons. The agreement stipulated that the Thompsons would
sign over all rights to their property, and, in exchange,
Meyer would pay the existing debt on the property in
furtherance of purchasing it. Meyer also agreed to remit any
rents to the Thompsons that were in excess of the amount
needed to service the debt pursuant to the partnership
agreement. Meyer obtained a loan for $350, 000 to pay off the
existing debt on the property and took up the payments. In
May 2005, Meyer sent a letter to the Thompsons, stating that
they had violated the agreement by encumbering the property
with further debt after they had transferred it to Meyer.
Meyer sent a second letter to the Thompsons in July 2005,
informing them that the agreement was null and void because
they had not remedied the breach.
Aggrieved by Meyer's perceived failure to abide by the
terms and conditions of the agreement, Joseph filed a
complaint for a preliminary injunction on January 8, 2008,
against William, John, and Bud's Mobile Homes, Inc. The
complaint alleged, among other things, that Meyer had failed
to honor any of its contractual obligations other than
accepting the transfer of the property from the Thompsons to
Meyer. After Meyer answered the complaint, a hearing was held
on March 14, 2008, wherein the Thompsons' counsel
requested a receivership to handle the rent being paid on the
property by the Federal Emergency Management Agency (FEMA) in
response to Hurricane Katrina, until a hearing on the merits
could be held. Meyer and counsel were absent from that
On November 5, 2009, another hearing was held addressing the
merits of the case, but there was no final resolution.
According to the record, the next hearing was not held until
September 8, 2011, in which the court addressed Meyer's
change of counsel issues and Joseph's request for a
special commissioner to be appointed. At the conclusion of
that hearing the case was continued, and was to be reset at a
time that was agreeable to both parties. The case was then
noticed for another hearing, but it never occurred. On May
18, 2012, Joseph's attorney filed a "Motion for
Status and Final Disposition, " requesting that the
court grant Joseph money damages and the property, and
noticed the motion for a hearing. In September 2012,
Joseph's attorney filed another notice for a hearing on
his motion, and, again, the case entered a period of relative
inaction, where no substantive motions were filed.
Suffice it to say that on January 25, 2013, the chancellor
issued an order, directing the parties' counsel to, among
other things, meet and try to resolve the case within sixty
days and to "set the matter for a conference with the
court no later than sixty days out." The order set the
case for review on March 18, 2013. The record reflects that
nothing else transpired in the case until April 29, 2014,
when the clerk filed a motion to dismiss for want of
prosecution. On June 3, 2014, the chancellor entered an order
granting the motion to dismiss the case. On January 5, ...