Danny Cowart v. Simpson County School Board

Summary

The Mississippi Supreme Court held that Danny Cowart failed to timely appeal the Simpson County School Board's final decision terminating his employment. Because the statutory twenty-day appeal period had expired, the chancery court lacked jurisdiction to entertain Cowart's later motion for contempt or issue subsequent orders. The court vacated those orders and remanded with instructions to dismiss the post-decision motions with prejudice.

Holdings

1. The chancery court had no authority to retain jurisdiction over the matter while it was remanded to the school board for a rehearing.
2. Because Cowart did not appeal the board's December 21, 1998, final termination decision within the twenty-day period required by Mississippi Code section 37-9-113, the chancery court lacked jurisdiction to entertain his later contempt motion or other subsequent motions.

Questions Presented

1. Whether the chancery court retained jurisdiction after remanding the matter to the school board for a rehearing.
2. Whether Cowart's failure to appeal the school board's December 21, 1998, final termination decision within the statutory twenty-day period deprived the chancery court of jurisdiction.
3. Whether the chancery court's judgment and subsequent orders entered after the board's final decision were nullities.

Disposition

reversed_and_remanded