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MITCHELL v. PARKER

No. 2000-CA-00210-COA.

804 So.2d 1066 (2001)

Nathan MITCHELL, Appellant, v. Gayle PARKER, Individually and in Her Official Capacity as the Circuit Clerk for Harrison County, Mississippi; the Harrison County Board of Supervisors; and the Fidelity and Deposit Company of Maryland, Appellees.

Court of Appeals of Mississippi.

September 25, 2001.

Attorney(s) appearing for the Case

Chester D. Nicholson, Gail D. Nicholson, Nicholson & Nicholson, Gulfport, Attorneys for Appellant.

Joseph R. Meadows, Karen J. Young, Meadows, Riley, Koenenn & Teel, Gulfport, Joe Sam Owen, Owen & Galloway, Gulfport, Attorneys for Appellees.

EN BANC

MODIFIED OPINION ON MOTION FOR REHEARING1

SOUTHWICK, P.J., For the Court

¶ 1. The Harrison County Circuit Clerk had until recently charged $100 to appeal a misdemeanor conviction from municipal court to county court. Nathan Mitchell, having paid that charge, brought suit alleging that it was imposed in violation of statute and his constitutional rights. The lower court found that...

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