Davenport v. Hansaworld, USA, Inc.
HansaWorld USA, Inc. (HansaWorld) registered a foreign judgment with a Mississippi circuit court against Kimberlee Davenport from an award ordered by a court in Florida on claims of conversion and extortion. Davenport, a former employee of HansaWorld, also maintained claims against HansaWorld in a separate action before a federal district court in Mississippi alleging several violations of state and federal law, including Title VII of the Civil Rights Act for sexual harassment and discrimination. HansaWorld sought to collect on its foreign judgment by petitioning the circuit court to sell Davenport’s Employment Action, so the circuit court entered a Writ of Execution. With the Employment Action set to be auctioned off by the Forrest County sheriff, Davenport filed an Emergency Motion to Quash Writ of Execution mere days before the scheduled sale. At a hearing on the motion, the circuit court granted Davenport’s motion to quash on the condition that she post a $100,000 bond by that afternoon, the day of the scheduled sheriff’s sale. Davenport failed to post the conditional bond, and as a result, the sheriff sold her Employment Action to the highest bidder, HansaWorld, for $1,000. Following sale of her Employment Action, Davenport appealed to the Supreme Court. Having determined that the circuit court’s order was a final, appealable judgment and that the Supreme Court has jurisdiction to hear the appeal, the Supreme Court concluded that Davenport waived her right to challenge the circuit court’s imposition of the bond on appeal because she failed to challenge the bond before the circuit court. View "Davenport v. Hansaworld, USA, Inc." on Justia Law