Citifinancial Mortgage Company, Inc. v. Washington, et al.
| Docket Number: | 2005-IA-00311-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 10-25-2007 Opinion Author: SMITH, C.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Contract - Intentional infliction of emotional distress - Statute of limitations - Section 15-1-35 - Section 15-1- 49 Judge(s) Concurring: WALLER, P.J., CARLSON, DICKINSON, RANDOLPH AND LAMAR, JJ. Dissenting Author : DIAZ, P.J., EASLEY AND GRAVES, JJ. Procedural History: Summary Judgment Nature of the Case: Breach of the Covenant of Good Faith & Fair Dealing |
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| Trial Court: |
Date of Trial Judgment: 02-10-2005 Appealed from: Jasper County Circuit Court Judge: Robert G. Evans Disposition: Denied Appellant's Motion for Summary Judgment Case Number: 21-0098 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | CITIFINANCIAL MORTGAGE COMPANY, INC. |
LAURA L. GIBBES
H. MITCHELL COWAN
ROBERT D. GHOLSON |
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| Appellee: | ROSIE WASHINGTON AND CATHERLEAN CRAFT | CHRISTOPHER E. FITZGERALD W. LEWIS GARRISON, JR. | ||
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| Topic: | Contract - Intentional infliction of emotional distress - Statute of limitations - Section 15-1-35 - Section 15-1- 49 |
| Summary of the Facts: | In 1995, Catherlean Craft and her mother Rosie Washington signed an agreement for a loan of $31,480 from Ford Consumer Finance, a predecessor in interest to CitiFinancial. In 2001, Craft and Washington filed a complaint alleging that CitiFinancial represented to them that 180 monthly payments of $400.57 would satisfy the debt when, in fact, after 179 such monthly payments, plaintiffs would still owe $28,878.20. They raised claims of breach of the covenant of good faith and fair dealing, economic duress, negligence, intentional infliction of emotional distress, constructive fraud, rescission and cancellation, and violation of the Mississippi Unfair or Deceptive Acts and Practices Act. CitiFinancial filed a motion for summary judgment, asserting that plaintiffs’claims were barred by the statute of limitations, that plaintiffs previously signed a settlement agreement releasing CitiFinancial, and that plaintiffs raised no genuine issue of material fact as to the causes of action brought. The court denied summary judgment on the issues of breach of the covenant of good faith and fair dealing, negligence, intentional infliction of emotional distress, fraud, statute of limitations, and release of claims. CitiFinancial filed a Petition for Interlocutory Appeal and a Motion for Emergency Stay of Case pending the resolution of this interlocutory appeal, both of which were granted. |
| Summary of Opinion Analysis: | The claim for intentional infliction of emotional distress is subject to a one-year statute of limitations under section 15-1-35. The intentional act which plaintiffs claim forms the basis of this action involves the alleged misrepresentations or omissions occurring on or before November 29, 1995, and plaintiffs filed their claim on November 19, 2001. Clearly, the statute of limitations had run as to this claim. The remainder of the claims are governed by section 15-1- 49. In a contractual claim, a cause of action accrues on the date of actual injury, the date the facts occurred which enable the plaintiffs to bring a cause of action. The statute of limitations for the claims in this case began to run when the plaintiffs had notice of the terms of the contract, which was at the time of the execution of the loan agreement, when the plaintiff received the terms of the contract. Thus, plaintiffs were on notice of the terms complained of as of November 29, 1995, and did not file suit until more than three years after they learned of the terms about which they now complain. Therefore, the trial court erred by denying CitiFinancial’s motion for summary judgment. |
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