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Lexington Insurance Co. v. Buckley9/6/2005
let my clerks file them." The chancellor elaborated: I do not let [the clerks enter default]. I set the cases. I set cases for trial. I have docket calls every time I have trial. If somebody does not answer, I set the case for trial and we try it. If somebody is not there, then technically they are in default, but I don't consider it as a default. I consider it as them not being there, and putting on whatever testimony they want to put on. So my clerks have been instructed by me not to enter defaults because I'm not going to enter a judgment based on defaults. There's no sense in cluttering up the file.
Later during the same hearing, the chancellor further elaborated on his procedure:
The chancellor: So you're taking this that I gave them a default judgment, is that your position?
Lexington: Yes, sir. That's what the judgment says, that they were defaulted.
The chancellor: No. It didn't say they were defaulted. It just says they are in default which --
Lexington: Lexington Insurance Company failed to answer a plea and is defaulted.
The chancellor: Okay.
Lexington: David [Shoemake] prepared it.
The chancellor: Okay.
Lexington: If you look at 54(c). I have given the Court as tab C there - -
The chancellor: I'm going to be real honest, I don't need to hear anything because as far as - - if your sole basis is arguing that that was a default judgment, then I can overrule your motion right now and you can take it to the Supreme Court ever how you want to take it because I heard the case. I set it at docket call. The people were in default in that they did not answer. I did grant - - it was never the intention of this court and I think the record will reflect that. I may be wrong, but I don't think anywhere in there I said I'm giving you a default judgment. I think I said I'm giving you a judgment for this, this, this and this.
Thus, the chancellor specifically stated that it was his intent that the judgment was not a default judgment, but a trial on the merits.
. Again, we turn to the Mississippi Rules of Civil Procedure. "When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default." M.R.C.P. 55(a). The Rule does not offer any room for discretion. When a party does not plead or otherwise defend a claim, the clerk is directed to enter a default. It is undisputed that Lexington did not answer or plead in response to Buckley's complaint. The proper procedure would have been to pursue a default judgment, as Rule 55 does not offer the option in the use of the word "shall." If Rule 55 said that the clerk may enter default, it might be otherwise, but the Rule is clear. The chancellor erred by conducting a trial on the merits.
BUCKLEY'S CROSS - APPEAL
. Having found that the chancery court lacked jurisdiction to award a default judgment against Lexington, there is no need to consider the merits of Buckley's cross-appeal.
CONCLUSION
. This case proceeded by flawed procedure from its inception. Not only did Buckley fail to serve process, but the chancellor erred when he failed to follow our rules of civil procedure. Because the chancery court lacked personal jurisdiction to enter a judgment following an improper trial on the merits, it is unnecessary to delve into the questionable amendment of complaints and whether the chancellor should have granted Lexington's motion for extension of time to appeal. Regardless, the chancery court lacked p
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