Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Land Holdings I, LLC v. GSI Services, LLC

Supreme Court of Mississippi

January 17, 2019

LAND HOLDINGS I, LLC d/b/a SCARLET PEARL, LLC
v.
GSI SERVICES, LLC

          DATE OF JUDGMENT: 11/20/2017

          HARRISON COUNTY CHANCERY COURT HON. JENNIFER T. SCHLOEGEL TRIAL JUDGE.

          TRIAL COURT ATTORNEYS: SAMUEL DEUCALION GREGORY VINCENT J. CASTIGLIOLA, JR.

          ATTORNEYS FOR APPELLANT: CABLE MATTHEW FROST SAMUEL DEUCALION GREGORY

          ATTORNEY FOR APPELLEE: VINCENT J. CASTIGLIOLA, JR.

          BEFORE RANDOLPH, P.J., MAXWELL AND BEAM, JJ.

          RANDOLPH, PRESIDING JUSTICE.

         ¶1. Land Holdings I, LLC, d/b/a Scarlet Pearl, LLC ("Casino"), sought to expunge a lien filed by GSI Services, LLC ("GSI"). The chancellor denied the Casino's petition to expunge the lien because GSI performed work at the Casino within ninety days of filing its lien. Finding no error, we affirm the chancellor's order.

         FACTS AND PROCEDURAL HISTORY

         ¶2. The Casino contracted with Southern-ITS Corporation ("SITS") for the installation of a surveillance access-control system at the Scarlet Pearl Casino. SITS subcontracted with GSI to complete portions of its contract. The contract provided that the Casino would pay SITS $1, 493, 000, which included $1, 242, 000 for equipment and $251, 000 for labor to install the equipment. The Casino paid SITS the entire amount of the contract.

         ¶3. After receiving payment for the contract amount, SITS withheld payment of money owed to GSI for the labor portion of the contract, contending that GSI had yet to perform all work under the contract. SITS subsequently sued GSI for damages, and GSI filed a counterclaim.

         ¶4. As a result of SITS's withholding the labor component of its contract, GSI filed a Notice of Claim of Special Lien against the Casino. GSI asserted that it performed labor and/or services on several occasions within ninety days of filing its notice of lien. The Casino sought to expunge the lien, alleging, inter alia, that GSI did not file its claim of lien within ninety days of the last work performed.

         ¶5. Mark Wiggins, the operations manager with GSI, was the only witness who testified at the hearing. Wiggins testified that he was GSI's project manager for the Casino project from its beginning, that his job was to supervise the work performed by GSI at the Casino, and that he had personal knowledge regarding the work performed by GSI for the Casino during 2015 and 2016.

         ¶6. Wiggins testified that, under its subcontract with SITS, "GSI was to provide both equipment and labor in the form of installations for [the] access control system. . . ." The contract began on July 10, 2015, and allotted 270 days for completion. However, GSI was requested to expedite its work so that the Casino could open by December 9, 2015. Although the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.