Skybox File Feb 21

Case: 25CI1:17-cv-00030-JAW Document #: 1 Filed: 01/18/2017 Page 1 of 71

Case: 25CO1:17-cv-00165-LCS Document #: 12 Filed: 02/16/2017 Page 1 of 2
IN THE COUNTYCOURT OF THE

FIRST JUDICIAL DISTRICT,
HINDS COUNTY, MISSISSIPPI
RIDGEWOOD JACKSON MS, LLC PLAINTIFF
vs. CAUSE NO. 17-165
RAYMOND KERSH, and

SKY BOX OF JACKSON, LLC DEFENDANTS
FINAL JUDGMENT
This action came on this day for trial on the Plaintiff's Complaint for Unlawful Entry and
Detainer, Unpaid Lease Payments, Late Fees, costs, attorney fees and immediate possession. The
Court finding that counsel for the Plaintiff was present and that the Defendants, RAYMOND
KERSH individually and SKY BOX OF JACKSON, LLC, both having been duly served with a
Summons requiring their attendance in the Hinds County Court, First Judicial District on the 17th
day of January, 2017 at 9:30AM, and a copy of the Complaint, failed to appear for trial. The Court
having heard and determined the issues thereof, finds that the Plaintiff, RIDGEWOOD JACKSON
MS, LLC, is entitled to possession of the premises described in the Complaint flied herein; and a
judgment for monies owed as follows: Rent in arrears including repairs, taxes, late charges and
insurance as shown in Exhibit 'C' to the complaint of $10,491.37, plus February lease charges of
$4,802.06; totaling $15,544.43; plus Court filing fee $161.00; Service of process $90.00; totaling
$15,795.43 and Attorney fees of $5,275.67; for a total judgment of $21,071.10.
IT IS THEREFORE ORDERED AND ADJUDGED that the Plaintiff,
RIDGEWOOD JACKSON MS, LLC, have and recover of and from the Defendants, RAYMOND
KERSH, individually and SKY BOX OF JACKSON,LLC, immediate possession of the premises
located at 6692-B Ridgewood Court Drive, Jackson, MS 39211 and a money judgment of
$21,071.10.
AND FURTHER, This Court directs the Circuit Clerk of Hinds County to issue a WRIT
OF HABERE FACIAS POSSESSIONEM directing the Sheriff of Hinds County, Mississippi or
any lawfully elected Constable to immediately remove said Defendants from the premises located at
6692-B Ridgewood Court Drive, Jackson, MS 39211, change all locks, put a notice on the door that
Page 1 of 2
the property is attached, and to put all personal property to the street, or dispose of personal
property as prescribed in Mississippi Code of 1972 as annotated in 89-7 -31 at the discretion of the
Plaintiff.
SO ORDERED AND ADJUDGED, thi, thj~ay of February, 2017.
COUN~
Prepared and presented by:
Roger McGe e, Jr. (MSB #

Roger McGehee, Jr. PLLC
17 55 Lelia Drive Suite 303
Jackson, MS 39216
Telephone: (601) 982-1000
Facsimile: (601) 982-1005
Email: roger@mcgeheelaw.net
Counselfor Plaintiff
Page 2 of 2
IN THE COUNTY COURT OF THE FIRST JUDICIAL DISTRICT OF

HINDS COUNTY, MISSISSIPPI
RIDGEWOOD JACKSON MS, LLC PLAINTIFF
VS. CIVIL ACTION NO. 17-165
RAYMOND KERSH and

SKY BOX OF JACKSON, LLC DEFENDANTS
MOTION TO SET ASIDE FINAL JUDGMENT AND FOR OTHER RELIEF
COME NOW the Defendants, Raymond Kersh and Sky Box of Jackson, LLC, and
respectfully move this Honorable Court, pursuant to MRCP 60(b), for an order setting aside the
Final Judgment entered herein on February 16, 2017 and the Writ of Habere Facias Possessionem
issued on February 16, 2017 and further moving the Court, pursuant to MRCP 62(b), for an order
staying execution of the Final Judgment and the Writ of Habere Facias Possessionem, pending a
hearing herein, and in support thereof would show the following:
1. The Defendants would show that the Final Judgment entered in this case on February
16, 2017 is void and / or the result of accident or mistake. The judgment recites the Defendants
RAYMOND KERSH individually and SKY BOX OF JACKSON, LLC, both having been duly
served with a Summons requiring their attendance in the Hinds County Court, First Judicial District
on the 17th day of January, 2017 at 9:30 AM, and a copy of the Complaint, failed to appear for trial.
In addition, the Complaint itself twice recites this case was set for call on February 9, 2017. The
Defendants would show that they were not served with a summons requiring their attendance before
this Court on January 17, 2017. The Defendants were not served with process in this case until
January 27, 2017.
motion to set aside final judgment 17108RK.wpd

2. The Defendants would show that, prior to the commencement of this lawsuit, they
tendered all amounts due and owing under the terms of the subject lease via Federal Express to
Plaintiff at the address listed for payments in the lease. The Defendants were later informed by a
representative of the Plaintiff that the address listed for payments in the lease was wrong and
Defendants were provided with another address. Defendants tendered all amounts then owing under
the lease to the new address via U.S. Mail. That mailing, and the rent payments contained therein,
has not been returned to the Defendants by the postal service and is presumed to be in the possession
of the Plaintiff.
3. The Defendants did not appear before this Court on February 16, 2017 pursuant to
the summons they were served with on January 27, 2017 because they reasonably believed this
matter had been resolved and their attendance was no longer required.
4. The Writ of Habere Facias Possessionem herein was issued on February 16, 2017,
the same day as the Final Judgment was entered. Miss. Code Ann. 11-25-113 specifically provides
that a writ of habere facias possessionem or execution shall not issue within five days from the date
of judgment. The writ is therefore void and should be set aside.
5. The Defendants would show that in the interest of justice, due process and fair play,
the Final Judgment entered herein on February 16, 2017 and the Writ of Habere Facias Possessionem
issued on February 16, 2017 should be set aside and held for naught. Further, the Court should enter
an order staying execution of the Final Judgment and the Writ of Habere Facias Possessionem,
pending a full hearing on the motion herein.
WHEREFORE, the Defendants, Raymond Kersh and Sky Box of Jackson, LLC, and
respectfully move this Honorable Court, pursuant to MRCP 60(b), for an order setting aside the
motion to set aside final judgment 17108RK.wpd 2

Final Judgment entered herein on February 16, 2017 and the Writ of Habere Facias Possessionem
issued on February 16, 2017. Defendants further move the Court, pursuant to MRCP 62(b), for an
order staying execution of the Final Judgment and the Writ of Habere Facias Possessionem, pending
a hearing herein.
Respectfully submitted,
s/ Bernard C. Jones, Jr.

BERNARD C. JONES, JR., MB#3186
ATTORNEY FOR DEFENDANTS
JONES JONES & MOSLEY, PA
360 TOWNE CENTER BLVD., SUITE B
POST OFFICE BOX 747
RIDGELAND, MISSISSIPPI 39158
601-957-5747 / FAX 601-957-5636
bernard@jonesmosley.com
CERTIFICATE OF SERVICE
I, Bernard C. Jones, Jr., do hereby certify that on this day I electronically filed the foregoing
pleading or other paper with the Clerk of the Court using the MEC system which sent notification
of such filing to the following:
Roger McGehee, Jr., Esquire

1755 Lelia Drive, Suite 303
Jackson, MS 39216
Dated: February 20, 2017

s/ Bernard C. Jones, Jr.
BERNARD C. JONES, JR., MB#3186
motion to set aside final judgment 17108RK.wpd 3

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Case: 25CI1:17-cv-00030-JAW Document #: 1 Filed: 01/18/2017 Page 1 of 71

Case: 25CI1:17-cv-00030-JAW Document #: 1 Filed: 01/18/2017 Page 2 of 71

IN THE COUNTYCOURT OF THE

RIDGEWOOD JACKSON MS, LLC PLAINTIFF

vs. CAUSE NO. 17-165

RAYMOND KERSH, and

SO ORDERED AND ADJUDGED, thi, thj~ay of February, 2017.

Roger McGe e, Jr. (MSB #

IN THE COUNTY COURT OF THE FIRST JUDICIAL DISTRICT OF

RIDGEWOOD JACKSON MS, LLC PLAINTIFF

VS. CIVIL ACTION NO. 17-165

RAYMOND KERSH and

MOTION TO SET ASIDE FINAL JUDGMENT AND FOR OTHER RELIEF

hearing herein, and in support thereof would show the following:

January 27, 2017.

motion to set aside final judgment 17108RK.wpd

of judgment. The writ is therefore void and should be set aside.

pending a full hearing on the motion herein.

motion to set aside final judgment 17108RK.wpd 2

s/ Bernard C. Jones, Jr.

of such filing to the following:

Roger McGehee, Jr., Esquire

Dated: February 20, 2017

motion to set aside final judgment 17108RK.wpd 3

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