Purvis v. Barnes
791 So.2d 199, 2001 WL 812639 (2001)
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Rule of Law:
An issue is not preserved for appellate review if it has not first been presented to and decided by the trial court, as an appellate court will not find a trial judge in error on a matter they were never given an opportunity to correct, even in a case tried without a jury.
Facts:
- Macy Barnes owned a piece of property and was soliciting bids from investors, including Sammy Purvis and Dana Sanders.
- Purvis, a licensed realtor, pressured Barnes to accept his offer of $11,300 immediately, falsely claiming that Sanders was neither financially able nor inclined to make an offer.
- Prior to securing the contract, Purvis had offered Sanders $500 to "back off this deal," which Sanders rejected.
- Based on Purvis's misrepresentations, Barnes signed a contract to sell the property to him.
- Later the same day, Sanders contacted Barnes and offered $12,000 for the property.
- Realizing Purvis had lied, Barnes voided her contract with Purvis and subsequently sold the property to Sanders.
- Purvis then threatened Barnes and Sanders and filed two lis pendens notices against the property to interfere with the sale.
Procedural Posture:
- Macy L. Barnes and Dana A. Sanders sued Sammy R. Purvis in the Hinds County Chancery Court (trial court).
- The chancellor, after a bench trial, voided the contract between Barnes and Purvis, and awarded punitive damages and attorney's fees to Barnes and Sanders but did not award compensatory damages.
- Purvis, the appellant, appealed the judgment directly without filing any post-trial motions.
- The Court of Appeals (intermediate appellate court) reversed the trial court's judgment, finding the award of punitive damages improper and holding that Purvis was not required to file a post-trial motion to preserve the issue for appeal.
- Barnes and Sanders, the appellees, petitioned the Supreme Court of Mississippi for a writ of certiorari, which was granted.
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Issue:
Does an appellant preserve an issue for appeal concerning an error in the trial court's judgment if the appellant fails to file a post-trial motion to allow the trial court an opportunity to correct the alleged error?
Opinions:
Majority - Justice Diaz
No. An appellant does not preserve an issue for appeal where the matter was never presented to the trial court for a decision. The Supreme Court of Mississippi holds that a trial judge will not be found in error on a matter not presented for their decision, as this deprives the judge of the opportunity to correct the error. In this case, Purvis argued on appeal that the chancellor erred by awarding punitive damages without awarding compensatory damages. However, Purvis never raised this issue with the chancellor, such as through a post-trial motion for a new trial under M.R.C.P. 59. Because the chancellor was never given a chance to correct her own error, Purvis waived the right to challenge it on appeal. The principle that appellate courts only review issues first decided by trial courts is fundamental, and applies to actions tried without a jury, not just jury trials.
Analysis:
This decision reinforces a critical principle of appellate procedure: preservation of error. It clarifies that the requirement to raise issues at the trial level to preserve them for appeal is not limited to jury trials but applies equally to bench trials conducted by a chancellor or judge. The ruling underscores the importance of post-trial motions, such as a motion for a new trial under M.R.C.P. 59, as the proper vehicle for asking a trial judge to reconsider and correct alleged errors in a final judgment. By treating silence as a waiver, the court prevents litigants from strategically withholding objections to a trial court's correctable error in hopes of getting a reversal on appeal.
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