The Skybox drama continues as it's landlord kicked the Northeast Jackson dining establishment to the curb for failure to pay it's rent. Ridgewood Jackson, LLC sued the Skybox and its owner, Raymond Kersh, in January for failure to pay rent on January 18. The docket states the summons was served on Mr. Kersh on January 27. Judge Larita Cooper-Stokes didn't waste any time but approved the eviction after the defendant did not appear for trial. Her order stated:
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. 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 filed 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....
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 ........, change all locks, put a notice on the door that 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 §89-7-31at the discretion of the Plaintiff.The landlord also requested on February 16 a garnishment for any accounts at Wells Fargo. However, all is not lost for Mr. Kersh. Attorney Bernard Jones filed a motion to set aside the default judgment on February 20. The motion states:
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.
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.Readers may remember this video of the owner that was posted in December: