Aaron B. Bennett v. Rebecca McCaffrey

Summary

The Mississippi Supreme Court reviewed an interlocutory appeal concerning whether the plaintiff had shown good cause and excusable neglect for delayed service of process under Mississippi Rules of Civil Procedure 4(h) and 6(b)(2). The court held that the plaintiff’s diligent efforts to locate and serve the defendant supported both extensions of time and that the interlocutory appeal was timely. The court affirmed and remanded the circuit court’s ruling.

Holdings

1. The interlocutory appeal petition was timely because the 2004 version of Mississippi Rule of Appellate Procedure 5(a) permitted a petition within fourteen days after entry of an order granting or denying trial-court certification, including an amended order, and Bennett filed within fourteen days of the January 24, 2005 amended order.
2. The circuit court did not abuse its discretion in finding good cause for McCaffrey's failure to serve Bennett within the original 120-day period and the first sixty-day extension.
3. The circuit court did not abuse its discretion by granting a second sixty-day extension because McCaffrey established excusable neglect for the delay after expiration of the first extension.

Questions Presented

1. Whether Bennett's petition for interlocutory appeal was timely under the 2004 version of Mississippi Rule of Appellate Procedure 5(a).
2. Whether the circuit court abused its discretion by finding good cause under Mississippi Rule of Civil Procedure 4(h) for McCaffrey's failure to serve Bennett within the original 120-day period and the first extension.
3. Whether the circuit court abused its discretion by finding excusable neglect under Mississippi Rule of Civil Procedure 6(b)(2) and granting a second extension after expiration of the first extension.

Disposition

affirmed