Copiah County School District v. Buckner
2011 Miss. LEXIS 258
| Miss. | 2011Background
- Buckner filed a personal-injury complaint on Oct 30, 2007 against Copiah County School District and Funches; service within 120 days was not effected.
- After the 120-day limit expired, Buckner sought and received a 120-day extension to effect service, but service occurred after that extended period had elapsed.
- Defendants moved to set aside the extension order and for summary judgment; the trial court denied the motions.
- Buckner claimed the extension was supported by excusable neglect/good cause; the extension order dated Feb 3, 2009 granted 120 more days to serve, yet service occurred June 4–5, 2009.
- The MTCA tolling provisions and Rule 4(h) interplay were central to whether the limitations period had expired before service; the court conducted tolling calculations and concluded the statute had run before service.
- The Mississippi Supreme Court ultimately reversed, finding no substantial good cause for delay and rendered judgment for the defendants due to expired statute of limitations and untimely service.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying the set-aside of the extension | Buckner | Copiah County School District | Yes; abuse found; extension set aside |
| Whether Buckner’s complaint should be dismissed with prejudice due to untimely service and expired limitations | Buckner | Copiah County School District | Yes; limitations expired; dismissal with prejudice appropriate |
| Whether MTCA tolling plus Rule 4(h) interplay permits extending time to serve while tolling | Buckner | Copiah County School District | No; tolling did not rescue untimely service |
Key Cases Cited
- Holmes v. Coast Transit Auth, 815 So.2d 1183 (Miss. 2002) (good-cause standard requires more than inadvertence)
- Foss v. Williams, 993 So.2d 378 (Miss. 2008) (diligence required; outside negligence by third party may support good cause)
- Heard v. Remy, 937 So.2d 939 (Miss. 2006) (lack of diligence or follow-up undermines good cause)
- In re Holtzman, 823 So.2d 1180 (Miss. 2002) (mere inadvertence or mistake not sufficient for good cause)
- Owens v. Mai, 891 So.2d 220 (Miss. 2005) (filing tolls statute but service must occur within 120 days)
- Long v. Memorial Hosp. at Gulfport, 969 So.2d 35 (Miss. 2007) (discretion in finding good cause or excusable neglect)
- Watters v. Stripling, 675 So.2d 1242 (Miss. 1996) (timeliness requirement under Rule 4(h) and tolling implications)
- Delta Regional Med. Ctr. v. Green, 43 So.3d 1099 (Miss. 2010) (clarified tolling interplay under MTCA)
- Page v. Univ. of S. Miss., 878 So.2d 1003 (Miss. 2004) (interpretation of MTCA tolling and notice requirements)
- Holtzman, see In re Holtzman, 823 So.2d 1180 (Miss. 2002) (tolling and extension-of-time standards under MTCA context)