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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 95-CA-00628 COA CONSOLIDATED WITH NO. 95-CA-00858 COA BARRETT & COMPANY AND RICHARD BARRETT v. JACKSON PAPER COMPANY APPELLANTS

APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANTS: ATTORNEY FOR APPELLEE: NATURE OF THE CASE: TRIAL COURT DISPOSITION: 05/09/95 HON. JAMES E. GRAVES JR. HINDS COUNTY CIRCUIT COURT RICHARD BARRETT STEPHEN J. CARMODY CIVIL - CONTRACT SUMMARY JUDGMENT GRANTED TO APPELLEE BY COUNTY COURT; APPEAL TO CIRCUIT COURT DISMISSED AS UNTIMELY AFFIRMED - 12/16/97 12/29/97 2/23/98 4/30/98

DISPOSITION: MOTION FOR REHEARING FILED: CERTIORARI FILED: MANDATE ISSUED:

BEFORE BRIDGES, C.J., DIAZ, AND COLEMAN, JJ. DIAZ, J., FOR THE COURT: The appellant assigns error to the lower court proceedings which resulted in partial summary judgment being granted in favor of the appellee. Finding that the appellant failed to file a timely notice of appeal, we affirm the circuit court's dismissal of the case and decline to address the appellant's remaining issues. FACTS

The appellee, Jackson Paper Company, filed suit in the County Court of Hinds County against the appellant, Barrett & Company and Richard Barrett (hereinafter referred to as Barrett), to collect on three invoices which Barrett refused to pay. The county court granted partial summary judgment in favor of Jackson Paper on two of the three invoices in question. The third invoice was submitted to a jury, which found in favor of Barrett. The court then awarded Barrett $350.00 in attorney's fees. The final judgment of the court was entered on January 12, 1995. On January 18, 1995, Barrett filed his first notice of appeal. However, on January 23, 1995, Jackson Paper filed with the county court a motion for a judgment notwithstanding the verdict, or in the alternative, a motion for a new trial. On March 7, 1995, the county court entered an order denying Jackson Paper's motions. On March 23, 1995, Jackson Paper filed a motion in circuit court to dismiss Barrett's appeal on grounds that his appeal was untimely filed. On March 27, 1995, Barrett filed his second notice of appeal. On April 17, 1995, Barrett petitioned the court to extend his time limit for filing a notice of appeal. The county court denied his motion. On May 9, 1995, the circuit court dismissed Barrett's appeal. On May 12, 1995, Barrett filed his third notice of appeal. On July 28, 1995, the circuit court dismissed Barrett's appeal of the county court's denial of his motion for leave to file an untimely appeal. DISCUSSION Section 11-51-79 of the Mississippi Code Annotated governs appeals from county courts to circuit courts. The statute requires that such appeals be taken within ten days of the entry of final judgment. Miss. Code Ann.

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