ELIJAH ARRINGTON, III, D.M.D.
MISSISSIPPI STATE BOARD OF DENTAL EXAMINERS
OF JUDGMENT: 11/15/2017
COUNTY CHANCERY COURT HON. J. DEWAYNE THOMAS TRIAL JUDGE.
COURT ATTORNEYS: ROBERT DAVIS HOUSE STANLEY T. INGRAM JEFFREY
ATTORNEYS FOR APPELLANT: TERRIS CATON HARRIS DENNIS C. SWEET,
ATTORNEYS FOR APPELLEE: STANLEY T. INGRAM OFFICE OF THE
ATTORNEY GENERAL BY: ONETTA WHITLEY ROBERT DAVIS HOUSE
KITCHENS AND KING, P.JJ., AND COLEMAN, J.
Elijah Arrington, III, appealed the Mississippi State Board
of Dental Examiners' decision to revoke his dental
license. He filed a notice of appeal with the Hinds County
Chancery Court thirty-one days after receiving notice of the
Board's order, and he filed a cost bond many days later.
The chancery court dismissed the appeal, finding that
Arrington's failure to file the cost bond within thirty
days deprived it of appellate jurisdiction. Arrington appeals
to this Court. We decline to address the cost-bond issue, and
we find that the chancery court lacked appellate jurisdiction
based on Arrington's failure to file his notice of appeal
within thirty days.
AND PROCEDURAL HISTORY
The Mississippi State Board of Dental Examiners (Board) held
a disciplinary hearing on June 15, 16, and 17, 2017, to
litigate four complaints (involving seventeen
violations) against Elijah Arrington, III, DMD. The Board
ultimately revoked Arrington's dental license and his
Limited Enteral Conscious Sedation Permit. The Board served
Arrington and his counsel with its order on July 24,
2017. Arrington filed a notice of appeal with
the Hinds County Chancery Court on August 24, 2017. On August
29, 2017, the Board filed a motion to dismiss the appeal,
alleging that Arrington failed to file a cost bond within
thirty days. Arrington filed a response in opposition and
also requested more time to deposit the bond. He then
deposited the bond with the chancery court on August 31,
2017. The court held a hearing on October 4, 2017, at which
the Board argued that the notice of appeal was not filed
within the thirty days required by statute, and that the cost
bond was not timely filed. The trial court found that
Arrington was served on July 24, 2017, that he filed his
notice of appeal on August 24, 2017, and that he "did
file his Notice of Appeal within thirty (30) days of notice
of the action of the Board." However, the court found
that the failure to file the cost bond within thirty days
deprived the court of appellate jurisdiction, and,
accordingly, it dismissed the appeal.
Arrington appeals, arguing that the cost bond in the statute
at issue is not jurisdictional, but procedural, and thus the
failure to timely post bond is a deficiency that may be
Standard of Review
"Jurisdiction and statutory interpretation are matters
of law" that this Court reviews de novo. 5K Farms,
Inc. v. Miss. Dep't of Revenue, 94 So.3d 221, 225
(Miss. 2012). Factual determinations made by the trial court
are only reversed if the trial court abused its discretion,
was manifestly wrong, was clearly erroneous, or applied an
erroneous legal standard. T. Jackson Lyons & ...