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IN THE COURT OF APPEALS 3/25/97 OF THE STATE OF MISSISSIPPI
NO. 95-CC-01127 COA

JAMES MICHAEL COX APPELLANT v. CITY OF JACKSON, MISSISSIPPI APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. JAMES E. GRAVES JR. COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: E.P. LOBRANO, JR. ATTORNEY FOR APPELLEE: WILLIAM A. GOWAN NATURE OF THE CASE: STATE BOARDS AND AGENCIES (OTHER THAN WORKERS' COMPENSATION) TRIAL COURT DISPOSITION: JACKSON POLICE OFFICER SUSPENDED FOR THREE DAYS

BEFORE BRIDGES, C.J., DIAZ, AND KING, JJ. BRIDGES, C.J., FOR THE COURT:

Jackson Police Officer Michael Cox (Cox) was suspended without pay for three days because of his conduct during and after his department's participation in the funeral of a slain ATF agent. The Civil Service Commission (the Commission) found that Cox was appropriately disciplined and affirmed the three-day suspension. Cox appealed the Commission's decision to the Hinds County Circuit Court on December 20, 1993. The circuit judge set a date for the final filing of briefs and memoranda, but more than six months passed without any action being taken on the case. Cox appealed to this court under the authority of Mississippi Code Section 11-1-7, which states in pertinent part: All chancellors or judges of the chancery and circuit courts of the state of Mississippi shall render their final decree on any and all matters taken under advisement by such chancellors or judges not later than six (6) months after the date when same are taken under advisement or not later than six (6) months after the date on which the chancellors or courts or judges set as a date for the final brief or memoranda. . . . In the event a final decree has not been entered within the six months period herein referred to, then any party to said law suit shall have the right to appeal on the record as otherwise provided the same as if a final decree has been rendered adversely.

M.C.A.

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