Mississippi Code
Miss. Code Ann. § 11-51-5 (2024)
[Repealed]
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
Repealed by Laws of 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, Hutchinson's 1848, ch. 57, art. 1 (16); 1857, ch. 57, art. 17; 1871, § 2161; 1880, § 2682; 1892, § 2752; 1906, § 3112; Hemingway's 1917, § 2476; 1930, § 2323; 1942, § 753; Laws, 1916, ch. 222; Laws, 1926, ch. 153; Laws, 1954, ch. 214, §§ 1, 2 (Para. 1, 2), eff. 5/1/1954; Am Laws, 1972, ch. 459, § 1.
Notes of Decisions
Cited in 29
cases, 1974–2002 · leading case: Duncan v. St. Romain, 569 So. 2d 687 (Miss. 1990).
Duncan v. St. Romain, 569 So. 2d 687 (Miss. 1990). “In preparing for appeal, he mistakenly relied on Miss. Code Ann. § 11-51-5 (1990 Supp.) which sets the time period for appeal at forty-five (45) days.”
Bickham v. Dep't of Mental Health, 592 So. 2d 96 (Miss. 1991). “573, § 141 (1991), repealing, inter alia, Miss. Code Ann. § 11-51-5 (1972). The title of the act provides that it is repealing Section 11-51-5, inter alia, because they enact rules of procedure and court which are superseded by rules of procedure and court adopted by the…”
Moran v. Necaise, 437 So. 2d 1222 (Miss. 1983). “[See Miss. Code Ann. § 11-51-5 (Supp. 1982)]. (k) A stay of the enforcement of the judgment, order or decree appealed from, with or without supersedeas bond, may be obtained as otherwise provided by law.”
Lindsey v. Lindsey, 612 So. 2d 376 (Miss. 1992). “Truman contends that pursuant to Supreme Court Rule 4, she did not file a "Notice of Appeal and that if her brief seeks to be entered as such notice," then she has not complied with Section 11-51-5 of the Mississippi Code in that more than ninety-days passed between judgment and…”
Wilson v. State, 426 So. 2d 792 (Miss. 1983). “I think that all litigants should be treated with some degree of consistency in our rulings.”
Hinds Cty. Bd. of Supr's v. Leggette, 833 So. 2d 586 (Miss. Ct. App. 2002). “Even though the Board did not actually arm the Zoning Administrator with a bulldozer and a hard hat, the Board's order to the Zoning Administrator is still considered a final appealable order from which Leggette could appeal pursuant to Miss.Code Ann. § 11-51-5 (1972).…”
Terrell v. Tschirn, 656 So. 2d 1150 (Miss. 1995). “In Duncan , the Louisiana attorney mistakenly relied on Miss. Code Ann. § 11-51-5 allowing 45 days for appeal, and this Court denied his petition for rehearing by saying: Moreover, counsel's application to the lower court for admission pro hac vice belies his present plea for an…”
Woods v. Lee, 390 So. 2d 1010 (Miss. 1980). “Appellee relies on sections 11-51-5 Mississippi Code Annotated (Supp.”
S. Farm Bureau Cas. Ins. v. Holland, 469 So. 2d 55 (Miss. 1984). “MCA § 11-51-5 (1972) provides that an appeal may be perfected within 45 days after entry of the judgment or the decree complained of.”
Bracy v. State, 396 So. 2d 632 (Miss. 1981). “ON MOTION TO DISMISS APPEAL The state filed a motion to dismiss the appeal on the ground that the appeal was not taken within forty-five days after final judgment as required by section 11-51-5 Mississippi Code Annotated (1972).”
Mississippi State High. Com'n v. Gresham, 323 So. 2d 100 (Miss. 1975). “On January 2, 1975, a notice of appeal was filed with the circuit clerk by the appellant, hence this motion to docket and dismiss the appeal for the reason that the appeal was not perfected within the forty-five day limitation set forth in Section 11-51-5, Mississippi Code 1972…”
Bennett v. State, 293 So. 2d 1 (Miss. 1974). “The affidavit was filed within the 90 days allowed for appeals to the Supreme Court under Miss. Code Ann. § 11-51-5 (1972). [1] Although Bennett's affidavit was filed within the 90 days allowed for appeals, it was limited to a request for a certified copy of records in the hands…”
Miss. Code Ann. § 11-51-5(1972): 1 case
Hinds Cty. Bd. of Supr's v. Leggette, 833 So. 2d 586 (Miss. Ct. App. 2002). “Even though the Board did not actually arm the Zoning Administrator with a bulldozer and a hard hat, the Board's order to the Zoning Administrator is still considered a final appealable order from which Leggette could appeal pursuant to Miss.Code Ann. § 11-51-5 (1972).…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.