Civil Appeals: Taking your case to a higher court
Judges can make mistakes. So can juries. In some instances, the decision in your case can be reversed by seeking a Mississippi Civil Appeal assisted by an informed Mississippi Appellate Lawyer and an experienced Mississippi Appellate Attorney. When appealing from lower courts, such as Justice Courts, the appeal is made to the County Court of the county where the Justice Court sits if there is a County Court in that county. If not, then the appeal is made to the Circuit Court of the county. These appeals are known as appeals for a trial “de novo.” This means that the decision of the lower court is not considered and the case starts over in the County or Circuit Court as if no decision had been made in the lower court. This is because Justice Courts are not “courts of record.” If your case has originated in the County Court of a county, an appeal is made to the Circuit Court of that county. From there, the appeal is made to the Mississippi Supreme Court. Appeals from Circuit Court, Chancery Court and Youth Court are made directly to the Mississippi Supreme Court. In some cases the Mississippi Supreme Court will assign the case to the Mississippi Court of Appeals. In other cases, the Mississippi Supreme Court will decide the case itself. If your case has been assigned to the Mississippi Court of Appeals, once that court renders a decision you have the right to ask the Mississippi Supreme Court to review the decision by a procedure known as a petition for certiorari. The Mississippi Supreme Court does not have to accept the case, as the court must vote to grant the petition. If the petition is granted the Mississippi Supreme Court will then review the decision of the Mississippi Court of Appeals. The Mississippi Supreme Court can reverse the decision, affirm the decision or take other action as it may deem appropriate.
Mississippi State Agency Appeals
The decisions of state agencies can be appealed within the agency in some instances or to an outside administrative body in some instances.
Mississippi Employee Appeals Board
State employees can appeal adverse job decisions within their agency. After the agency appeals have been exhausted, an appeal can be made to a body known as the Mississippi Employee Appeals Board. This is a body consisting of three administrative judges, one of whom is assigned to each case. The case is tried to the judge without a jury in most respects as if it were a case in court. You have the right to appeal the decision of the Mississippi Employee Appeals Board to the Circuit Court. Very short deadlines normally apply in agency employee appeals, so you should act quickly to retain a informed Mississippi Appeals Lawyer and an experienced Mississippi Appeals Attorney to protect your rights.
Mississippi Employment Security Commission Appeals
If you lose your job through layoff or termination (fired), you have the right to file for unemployment benefits. Your employer may contest your receipt of benefits. An administrative employee will make and initial determination about your eligibility to receive benefits. Either the employer or employee can appeal. The appeal is directed to an administrative judge within the agency. The administrative judge will hold a hearing similar to a court hearing and both sides have the right to subpoena witnesses. The Law Offices of Attorney John R. Reeves P.C. is experienced in representing both employers and employees before the Mississippi Employment Security Commission. If the decision of the administrative judge is appealed, the appeal is made to the Mississippi Employment Security Commission. If the Mississippi Employment Security Commission’s decision is appealed, the appeal is made to the Circuit Court.
Mississippi State Tax Commission Appeals
Decisions by administrators with the Mississippi State Tax Commission can be appealed to the full Commission. The Mississippi State Tax Commission holds formal hearings that resemble a court hearing. Appeals can involve income taxes, sales taxes, inventory taxes, franchise taxes, among many others. The Mississippi State Tax Commission also decides matters involving alcohol retail seller licenses. For example, the Mississippi State Tax Commission has the authority to revoke a seller’s license for sale of alcohol to minors. Appeals can be made to the Mississippi State Tax Commission in administrative decisions involving these matters. The Law Offices of Attorney John R. Reeves P.C. is experienced in representing both companies and individuals before the Mississippi State Tax Commission. An appeal can be made to court once the Mississippi State Tax Commission renders its final decision.
Mississippi County and Municipal Agency Appeals
Decisions of County and Municipal Agencies can be appealed either to the Chancery or Circuit Court, depending upon the matter at hand. For example zoning decisions, taxation decisions, property value decisions, and many other decisions can be appealed. The Law Offices of Attorney John R. Reeves P.C. is experienced in representing both companies and individuals in appeals from Mississippi County and Municipal Agency decisions.
Please contact us to arrange for a confidential consultation with a Mississippi Appeals Attorney and Lawyer.