Knight v. Knight, 85 So. 3d 832

1999 assault claimed by Brian and David Knight against Benny Knight; complaints filed Sep 1999.
Consolidated 1999 cases dismissed without prejudice for want of prosecution in 2009.
2010 refiling by Brian and David; motions to dismiss based on statute of limitations.
1993 local court order required separate complaints per plaintiff; order not approved by Supreme Court.
Trial court dismissed 2010 complaints with prejudice; issue on tolling and validity of local rule on appeal.
Court held local rule unpublished; statute of limitations not tolled by 1999 filing when dismissed without prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred relying on an unpublished local rule.	Knights contend rule 1993 not approved; invalidating filing requirement.	Rule was binding; dismissal should follow.	Unpublished local rule not approved; error to rely on it.
Whether the 1999 filing tolled the statute of limitations.	Filing tolled while case pending; refiling timely.	No tolling for dismissal without prejudice for want of prosecution.	Filing did not toll the statute; time-bar maintained.

Koerner v. Crittenden, 635 So.2d 833 (Miss. 1994) (local rule approval required; unpublished rules invalid if not approved)
Jackpot Mississippi Riverboat, Inc. v. Smith, 874 So.2d 959 (Miss. 2004) (tolling discussed; context of second filing)
Marshall v. Burger King, 2 So.3d 702 (Miss. Ct. App. 2008) (tolling when complaint filed; but not for voluntary dismissal without prejudice)
Marshall v. Kansas City S. R.R., 7 So.3d 210 (Miss. 2009) (no tolling for court-ordered dismissal without prejudice)
Clark Sand Co., Inc. v. Kelly, 60 So.3d 149 (Miss. 2011) (tolling rulings discussed; subsequent cases)
Lincoln Elec. Co. v. McLemore, 54 So.3d 833 (Miss. 2010) (tolling discussion in context of filings)
Hill v. Ramsey, 3 So.3d 120 (Miss. 2009) (tolling context for filings)
Price v. Clark, 21 So.3d 509 (Miss. 2009) (tolling and filings discussed)