LaFontaine v. Holliday

Summary

The Mississippi Supreme Court dismissed LaFontaine’s appeal because it arose from a nonfinal order. The order set aside a prior reinstatement of the case and referred the pending motion back to the judge who had entered the original dismissal, leaving the case unresolved on the merits.

Holdings

1. The order was not a final judgment because it did not adjudicate the merits, left LaFontaine's motion pending before Judge Clark, and left further action for the circuit court to take.
2. The Supreme Court lacked appellate jurisdiction to entertain LaFontaine's appeal from the nonfinal order and therefore dismissed the appeal.

Questions Presented

1. Whether the January 27, 2012 order setting aside the prior reinstatement order was a final judgment appealable to the Mississippi Supreme Court.
2. Whether the Supreme Court had appellate jurisdiction over an appeal from an order that left LaFontaine's motion to set aside the dismissal pending before the circuit court.

Disposition

dismissed