Pre-Paid Legal Services, Inc., Harland C. Stonecipher, Brooks Werkheiser, Dyre Law Firm, PLLC, and Arnold D. Dyre v. Malcom Taylor, et al.

Summary

The Supreme Court of Mississippi considered whether the defendants were entitled to reopen the time for filing an appeal under Mississippi Rule of Appellate Procedure 4(h) because they did not receive timely notice of entry of the trial court's judgment. Relying on Pre-Paid Legal Services, Inc. v. Anderson, the court held that the defendants' specific factual denials rebutted the presumption of receipt and that the trial court abused its discretion in denying the motion. The order was reversed and the case was remanded with instructions to reopen the appeal period.

Holdings

1. A specific factual denial of receipt of notice rebuts and destroys the presumption that notice was received; therefore, the circuit court abused its discretion by denying the defendants' Rule 4(h) motion to reopen the time for appeal.

Questions Presented

1. Whether the circuit court committed reversible error by refusing under Mississippi Rule of Appellate Procedure 4(h) to reopen the time for filing a notice of appeal after defendants submitted affidavits specifically denying timely receipt of notice of entry of the order and judgment.

Disposition

reversed_and_remanded