OF JUDGMENT: 05/20/2016
COUNTY CIRCUIT COURT HON. ROBERT P. CHAMBERLIN
ATTORNEY FOR APPELLANT: TINA LEE (PRO SE)
ATTORNEYS FOR APPELLEE: LAWRENCE LEE LITTLE, TARA BETH
GRIFFIS, P.J., CARLTON AND GREENLEE, JJ.
Tina Lee appeals the DeSoto County Circuit Court's grant
of Keller Williams Realty's motion for summary judgment
dismissing Lee's complaint concerning her leased
home's conditions. Because the lease agreement's
provisions control and Keller Williams did not assume the
duty to repair, the trial judge did not err in granting
summary judgment. We therefore affirm.
AND PROCEDURAL HISTORY
On April 19, 2013, Lee entered into an agreement with Keller
Williams, through its agent Melissa Parish, to lease a
residence in Horn Lake, Mississippi. The lease was for a
period of approximately one year, with rent to be paid
monthly in the sum of $875. Under the terms of the agreement,
Lee agreed that the premises would be occupied by only two
occupants-herself and her seven-year-old son. Further, the
agreement contained a "condition of the premises"
clause and an "indemnity" clause, which relieved
Keller Williams of its duty to make repairs to the property
after the inception of the lease.
Lee moved into the property on May 17, 2013, finding that it
was in good condition. Three days later, after a heavy rain,
the back room began to flood. This allegedly occurred many
times throughout the lease period, and, according to Lee, she
informed Parish of the problem. The occasional flooding and
resulting mold, according to Lee, resulted in damages to
herself and her son.
On March 20, 2014, Lee filed a complaint against Keller
Williams and Anderson Rentals LLC alleging negligence and
breach of contract for failure to repair the property or
relocate her to another property. On July 8, 2015, without
notice to the parties or permission from the court, Lee filed
a "Supplemental and Amended Complaint, " adding an
additional negligence claim for permanent injuries to her son
in the form of ringworm and a mold allergy. Subsequently,
Keller Williams and Anderson Rentals moved for summary
judgment. After holding a hearing on the matter, the trial
court judge granted Keller Williams's motion for summary
judgment and dismissed the case against Anderson Rentals. Lee
appealed the grant of Keller Williams's summary-judgment
motion to this Court.
On appeal, Lee asserts the trial court erred because (1) she
did not waive Keller Williams's duty to repair the
property, and (2) Keller Williams assumed the duty to repair.
Additionally, Keller Williams asserts that Lee's amended
complaint was not procedurally proper before the circuit
court and cannot be a basis for appeal.
Grants of summary judgment are reviewed de novo, with the
evidence viewed in the light most favorable to the nonmovant.
Karpinsky v. Am. Nat'l Ins., 109 So.3d 84, 88
(¶9) (Miss. 2013). Upon review, this Court examines
"all the evidentiary matters before [it], including
admissions in pleadings, answers to interrogatories,
depositions, and affidavits." Albert v. Scott's
Truck Plaza Inc.,978 So.2d 1264, 1266 (¶5) (Miss.
2008) (citation omitted). "If no genuine issue of
material fact exists and the moving party is entitled to [a]
judgment as a ...