Hinds County Board of Supervisors v. Abnie

934 So. 2d 996 (Miss. 2006) · Supreme Court of Mississippi · July 27, 2006

Summary

The Mississippi Supreme Court held that plaintiffs in a consolidated action were improperly charged multiple filing fees and administrative costs exceeding the amounts authorized by statute. The court affirmed the order requiring a refund of the excess fees and remanded for further proceedings, rejecting the argument that its ruling should apply only prospectively.

Holdings

  1. Plaintiffs were entitled to a refund of all filing fees and administrative costs collected in excess of the amounts statutorily established by Mississippi Code sections 25-7-1 and 25-7-13.
  2. The request to apply the 2003 order prospectively was denied because that order did not change existing law; it applied and enforced the Legislature's previously established statutory fee scheme.

Questions Presented

  1. Whether plaintiffs were entitled to a refund of filing fees and administrative costs collected in excess of the amounts authorized by Mississippi law.
  2. Whether the Mississippi Supreme Court's 2003 order prohibiting multiple filing fees should apply only prospectively.

Disposition

reversed_and_remanded

Cases Cited (1)

  • City of Clinton v. Smith, 861 So. 2d 323, 326 (Miss. 2003)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…