Hymes v. McIlwain
| Docket Number: | 2001-CP-01783-COA Linked Case(s): 2001-CT-01783-SCT ; 2001-CT-01783-SCT ; 2001-CP-01783-COA ; 2001-CT-01783-SCT ; 2001-CT-01783-SCT ; 2001-CT-01783-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 04-01-2003 Opinion Author: Southwick, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Legal malpractice - Statute of limitations Judge(s) Concurring: McMillin, C.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Non Participating Judge(s): King, P.J. Procedural History: PCR Nature of the Case: CIVIL - LEGAL MALPRACTICE |
|
| Trial Court: |
Date of Trial Judgment: 07-23-2001 Appealed from: Washington County Circuit Court Judge: Richard Smith Disposition: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT GRANTED. Case Number: CI-2001-17 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Larry Hymes |
PRO SE |
||
| Appellee: | Willard L. McIlwain, Jr., George T. Kelly and George Dunbar Prewitt | PRO SE |
|
|
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Legal malpractice - Statute of limitations |
| Summary of the Facts: | Larry Hymes filed a professional malpractice suit against the three attorneys who represented him in his 1991 criminal trial after his conviction was vacated based on his claim of ineffective assistance of counsel. The defendants filed a motion for summary judgment which the court granted. Hymes appeals. |
| Summary of Opinion Analysis: | Hymes argues that the court erred in finding that his suit was time-barred by the expiration of the three-year statute of limitation, because the statute of limitation on such a claim did not begin to run until his conviction was vacated in May of 2000. The period of limitation in such a legal malpractice suit begins to run as of the date the client learns, or through reasonable diligence should have learned of his counsel's negligence. The basis for vacating Hymes’ sentence was ineffective assistance of counsel. Hymes filed his petition for post-conviction relief in 1995, although it was not ultimately successful until 2000. At the very latest, the statute of limitations began to run in 1995 when it became apparent Hymes knew of his attorneys' deficient performance. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
