Summary
The Mississippi Supreme Court affirmed a circuit court judgment confirming a binding arbitration award and compelling settlement in favor of Romain Powell Wilson against Greyhound Bus Lines, Inc. The court also affirmed the denial of Greyhound's requests for attorney's fees and costs, but imposed the mandatory 15% statutory appellate penalty under Mississippi Code section 11-3-23 on the affirmed monetary judgment.
Holdings
- The circuit court did not abuse its discretion by finding that Wilson authorized binding arbitration and by confirming and enforcing the arbitration award.
- The court may not reconsider the merits of an arbitration award or set it aside merely because the arbitrator allegedly misconceived the evidence, law, or amount of damages.
- Greyhound was not entitled to attorney's fees and costs from the interpled funds or on appeal.
- Wilson was subject to a mandatory fifteen-percent penalty on the affirmed $46,500 judgment, resulting in a $6,975 judgment for Greyhound.
Questions Presented
- Whether the circuit court abused its discretion in confirming and enforcing the binding arbitration award and compelling settlement.
- Whether the arbitration award should be vacated because Wilson allegedly did not consent to arbitration or disagreed with the arbitrator's factual and damages determinations.
- Whether Greyhound was entitled to attorney's fees and costs as a disinterested stakeholder, under the Litigation Accountability Act, or under Mississippi Rule of Appellate Procedure 38.
- Whether Wilson was subject to Mississippi's mandatory fifteen-percent statutory penalty for an unsuccessful appeal of an affirmed money judgment.
Disposition
affirmed
Cases Cited (24)
- Illinois Cent. R.R. v. Travis, 808 So. 2d 928 (Miss. 2002)(followed)
- City of Jackson v. Perry, 764 So. 2d 373 (Miss. 2000)(followed)
- Puckett v. Stuckey, 633 So. 2d 978 (Miss. 1993)(followed)
- Sweet Home Water & Sewer Ass'n v. Lexington Estates, Ltd., 613 So. 2d 864 (Miss. 1993)(followed)
- Allied Steel Corp. v. Cooper, 607 So. 2d 113 (Miss. 1992)(followed)
- Bell v. City of Bay St. Louis, 467 So. 2d 657 (Miss. 1985)(followed)
- Craig v. Barber, 524 So. 2d 974 (Miss. 1988)(followed)
- Hutto v. Jordan, 204 Miss. 30, 36 So. 2d 809 (1948)(followed)
- Jenkins v. Meagher, 46 Miss. 84 (1871)(followed)
- Amerihost Dev., Inc. v. Bromanco, Inc., 786 So. 2d 362 (Miss. 2001)(followed)
Showing top 10 of 24.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…