5K FARMS, INC. v. DEPT. OF REVENUE

No. 2009-CT-01787-SCT.

94 So.3d 221 (2012)

5K FARMS, INC. v. MISSISSIPPI DEPARTMENT OF REVENUE f/k/a Mississippi State Tax Commission on Writ of Certiorari.

Supreme Court of Mississippi.

Rehearing Denied August 16, 2012.


Attorney(s) appearing for the Case

Christopher Thomas Graham , Michael A. Heilman , Jackson, attorneys for appellant.

Gary Wood Stringer , James L. Powell , Jackson, attorneys for appellee.

EN BANC.


CARLSON, Presiding Justice, for the Court:

¶ 1. We granted certiorari in this matter to address the specific question of whether the requirement to post a pretrial bond set out in Mississippi Code Sections 27-77-5 and 27-77-7 (Rev.2005) is procedural or jurisdictional. If procedural, it would constitute an intrusion by the Legislature into the assigned powers of this Court and of the judicial branch of government, and a violation of Article 6, Sections 144 and...

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