Henley Timber Co. v. Ponti
Docket Number: | 2007-IA-01286-SCT | |
Supreme Court: | Opinion Link Opinion Date: 10-02-2008 Opinion Author: Dickinson, J. Holding: AFFIRMED AND REMANDED |
|
Additional Case Information: |
Topic: Service of process - M.R.C.P. 4(h) - M.R.C.P. 6(b) - Statute of limitations Judge(s) Concurring: Smith, C.J., Waller, and Diaz, P.JJ., Easley, Carlson, Graves, Randolph, and Lamar, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - OTHER |
|
Trial Court: |
Date of Trial Judgment: 07-05-2007 Appealed from: Hancock County Circuit Court Judge: Roger T. Clark Disposition: The trial court denied defendants' summary judgment motion. Case Number: 01-0484 |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | HENLEY TIMBER COMPANY, CHARLES W.
HENLEY, INDIVIDUALLY AND d/b/a HENLEY
TIMBER COMPANY |
KENNETH S. WOMACK |
|
|
Appellee: | ROBERT JOSEPH PONTI, JR. | WILLIAM MITCHELL CUNNINGHAM, JR. |
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: | Service of process - M.R.C.P. 4(h) - M.R.C.P. 6(b) - Statute of limitations |
Summary of the Facts: | Robert Joseph Ponti, Jr., sued Charles W. Henley and Henley Timber Co. on the last day before the statute of limitations on his claim expired. Ponti’s service of process was defective. After Ponti moved for, and obtained, a default judgment, defendants moved to set it aside. Ponti moved for and obtained an order extending time for service of process. The order was approved by defendants. Ponti then served process within the time allowed by the order, and defendants responded with a Motion to Dismiss, arguing that the statute of limitations barred the claim. The trial court denied defendants’ motion, and they appeal. |
Summary of Opinion Analysis: | Although Ponti served process within the 120 days allotted under M.R.C.P. 4(h), he served defendants with an improper summons, and the 120-day period for service of process expired. However, M.R.C.P. 6(b) granted the trial court authority to extend the time for service of process, which it did, with the agreement of defendants’ counsel. Thus, defendants are barred from raising a statute-of-limitation defense. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court