Montgomery ex rel. Townsend v. Mississippi Baptist Health Systems
Docket: No. 2012-CA-01459-COA
Court: Court of Appeals of Mississippi; April 1, 2014; Mississippi; State Appellate Court
A complaint was initiated against Mississippi Baptist Health Systems (MBHS) in Hinds County Circuit Court on January 5, 2001, alleging negligence in the medical care of minor Patrick O’Neal Savontrell Montgomery, with the injury purportedly occurring on December 30, 1997. In 2008, custody of Montgomery was awarded to his natural father, Patrick Townsend, who was allowed to intervene in the case. Despite MBHS's motion to compel discovery granted in August 2009, Montgomery took no significant action in the case after 2008, apart from limited responses to interrogatories.
On July 17, 2012, the case was called for a mandatory status update, but Montgomery's counsel did not attend due to the exclusion of his email address from the docket notice. Consequently, on August 8, 2012, the circuit judge dismissed the case for failure to prosecute under Mississippi Rule of Civil Procedure 41(b), citing a two-and-a-half-year lack of record activity. This dismissal acted as an adjudication on the merits.
Montgomery filed a motion to reconsider on August 10, 2012, arguing lack of notice prevented counsel's attendance. He subsequently filed a notice of appeal to the Mississippi Supreme Court on September 7, 2012. During a hearing on the motion to reconsider, the circuit judge determined that the appeal deprived him of jurisdiction, thus denying the motion as moot but stating he would have reinstated the case if jurisdiction had remained.
Montgomery appealed, asserting the circuit court abused its discretion by dismissing the case without considering lesser sanctions. The reviewing court found that the circuit court erred in claiming it lacked jurisdiction over the motion to reconsider. It reversed the dismissal and remanded the case for further consideration of the merits of Montgomery's motion. The court also emphasized that a timely motion to alter or amend a judgment suspends the time for filing a notice of appeal, thereby affecting jurisdiction.
On September 13, 2012, Montgomery's counsel asserted that the appeal deadline should be considered tolled upon filing a motion to reconsider, and emphasized the need for a court ruling on this motion to protect the plaintiff child's rights. Montgomery filed a timely motion to reconsider under Mississippi Rule of Civil Procedure 59(e), which suspended the notice of appeal until the circuit court ruled on this motion, as per Rule 4(d). The circuit court acknowledged its jurisdiction and indicated it would reinstate the case for trial due to Montgomery's attorney not receiving notice of the docket call. The judgment of the circuit court was reversed, and the case was remanded for further proceedings on the merits of the motion for reconsideration. Costs of the appeal were equally divided between the appellant and appellee, with participation noted from the judges, including a dissenting opinion from Griffis, P.J. Montgomery will be referred to as the appellant throughout the opinion.
