DIXIELAND FOOD STORES v. KELLY'S BIG STAR

No. 51934.

384 So.2d 1031 (1980)

DIXIELAND FOOD STORES, INC., et al. v. KELLY'S BIG STAR, INC.

Supreme Court of Mississippi.

Rehearing Denied July 9, 1980.


Attorney(s) appearing for the Case

Daniel, Coker, Horton, Bell & Dukes, B. Stevens Hazard, Joe H. Daniel, Curtis E. Coker, Frank C. Horton, Thomas A. Bell, John M. Roach, Thomas H. Suttle, Jr., John B. Clark, Jackson, for appellants.

Cothren, Pittman & Ferrell, Crymes G. Pittman, Jackson, E. Howard Eaton, Taylorsville, Eugene C. Tullos, Tullos, Tullos & Tullos, Raleigh, for appellee.

En Banc.


SUGG, Justice, for the Court.

ON MOTION TO DISMISS APPEAL

The Circuit Court of Smith County entered a judgment against appellants in favor of appellee for $250,000 which was filed on May 5, 1979. The last post trial motion was overruled on July 12, 1979, and on that date, appellants filed a petition for appeal in which they requested the clerk to mark the petition filed "and act otherwise in accord with section 11-51-15 Mississippi Code Annotated (Supp....

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