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Rice v. Perma Corp.8/9/2005
e ordered only upon a motion filed within 180 days of the entry of a judgment or order or within 7 days of receipt of notice of such entry, whichever is earlier." M.R.A.P. 4(h) cmt. (emphasis added). The lower court entered summary judgment on July 30, 2003, and the parties concerned herein do not dispute that the claimants did not receive notice thereof until September 8, some forty days later. By receiving the notice more than twenty-one days after the entry of the judgment, the claimants were required to proceed under M.R.A.P. 4(h), which allowed them only seven days, or until September 15, to file their notice of appeal. The record reveals, however, that they filed their notice on September 19, eleven days after receiving notification of summary judgment.
. The limitations specified in M.R.A.P. 4(h) are obligatory, not permissive, so non-discretionary application by the courts is mandatory. Curry v. B. C. Rogers Poultry, Inc., 797 So. 2d 265, 267 ( ) (MisS.Ct. App. 2001). The lower court erred in permitting this appeal because the claimants unequivocally failed to file the notice thereof within the requisite seven days. According to Mississippi's long-standing law, timely notice of appeal is jurisdictional, so by failing to comply therewith, this Court lacks the jurisdiction to consider the claimants' appeal. Id.; see also Bank of Edwards v. Cassity Auto Sales, Inc., 599 So. 2d 579, 582 (Miss. 1992); Pinkston v. Miss. Dep't of Transp., 757 So. 2d 1071, 1074 ( ) (MisS.Ct. App. 2000). Accordingly, we affirm the lower court's order of summary dismissal and reverse and render the court's decision to allow this appeal.
. Based on our disposition as to this issue, all others issues raised herein are rendered moot.
. THE JUDGMENT OF THE CIRCUIT COURT OF NOXUBEE COUNTY IS AFFIRMED AND THIS APPEAL DISMISSED FOR LACK OF JURISDICTION ON THE CROSS-APPEAL. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANTS.
KING, C.J., LEE, P.J., MYERS, CHANDLER, GRIFFIS AND ISHEE, J., CONCUR.
IRVING, J., CONCURS IN RESULT ONLY.
BARNES, J., NOT PARTICIPATING.
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