OF JUDGMENT: 01/29/2018
FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT, FIRST
JUDICIAL DISTRICT TRIAL JUDGE: HON. JEFF WEILL SR.
ATTORNEY FOR APPELLANT: DONALD W. BOYKIN
ATTORNEYS FOR APPELLEES: HARVEY HUTCHINS
Patriot Production Group LLC ("Patriot") attempts
to appeal from an order of the circuit court denying (1) two
motions for default judgments related to writs of
garnishment, (2) a motion for an order directing the
Mississippi Department of Revenue (MDOR) to produce tax
records, and (3) a motion for recusal of the circuit judge.
We dismiss the appeal because no final judgment has been
entered in the case, and Patriot's attempt to appeal from
the denial of its recusal motion was untimely and
AND PROCEDURAL HISTORY
This case began in 2011, but the designated record on appeal
(see M.R.A.P. 10) begins with a "Consent
Judgment" entered in 2015. The consent judgment recites
that there had been a prior settlement in the case, but the
defendants failed to make payment to Patriot (the plaintiff).
The consent judgment for $350, 000 was entered in favor of
Patriot and against defendants Livingston Operating Company
LLC ("Livingston") and Kouga Energy Group LLC
On April 4, 2017, Patriot filed for a writ of garnishment
against Columbia Petroleum LLC ("Columbia").
Patriot alleged that Livingston and Kouga still had not paid
and that Columbia was indebted to Livingston and Kouga.
Columbia filed an answer and denied that it was indebted or
held any property belonging to Livingston or Kouga.
On April 13, 2017, Patriot filed a motion for an order
authorizing and directing MDOR to produce the income tax
records of Arne Greaves and Sebastian Greaves. Patriot
alleged that Arne Greaves was a member of Livingston, that
Sebastian Greaves was a member of Kouga, and that their tax
records, beginning with tax year 2009, were relevant to
Patriot's efforts to collect on its judgment. On the same
day, the attorney for Livingston, Kouga, and Arne Greaves
moved to withdraw from the case on the ground that he had
been not been paid for his services despite repeatedly
warning his clients that nonpayment would result in the
termination of his representation of them. The court
subsequently entered an order allowing counsel to withdraw.
On April 17, 2017, Patriot filed for writs of garnishment
against Aegis Operating Co. Inc. ("Aegis") and BPS
Operating Services LLC ("BPS"). Patriot alleged
that Aegis and BPS were indebted to Livingston and Kouga.
Neither Aegis nor BPS filed an answer within thirty days. On
May 24, 2017, Patriot applied for and obtained a clerk's
entry of default against each of them. On May 25, 2017,
Patriot filed motions for default judgments against Aegis and
BPS. On October 4, 2017, Patriot noticed a hearing for
October 17, 2017, on its motions for default judgments and
its motion to compel MDOR to produce records.
On October 16, 2017, Aegis filed a response to Patriot's
motion and an answer to the writ of garnishment directed to
it. Aegis denied that it had been properly served with the
writ and denied that it was indebted or held any property
belonging to Livingston or Kouga.
On the same day, BPS also filed an answer to the writ of
garnishment directed to it. BPS denied that it was indebted
or held any property belonging to Livingston or Kouga. BPS
filed its answer "pro se." The pleading was signed
by Arne Greaves as BPS's "Managing Member" and