Lewis v. Smith
110 So. 3d 811
| Miss. Ct. App. | 2013Background
- Lewis and Smith filed for divorce in 1999; conservator was appointed after Lewis suffered severe injuries, leaving her unable to handle affairs.
- January 10, 2000 final divorce judgment required Smith to reimburse Lewis $5,500 for a Jeep purchase, within 12 months.
- January 9, 2001, a separate judgment ordered Smith to pay $5,500 plus interest; Lewis sought contempt for nonpayment.
- January 5, 2011, Lewis obtained a writ of garnishment on Smith’s wages for the debt; Smith moved for reimbursement of garnished funds.
- May 17, 2011, the writ was canceled because the 2001 order had expired under the seven-year statute of limitations.
- August 26, 2011, the court reinstated cancellation, finding tolling under savings clause due to disability; Smith moved to set aside the order citing Melson.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 15-1-59 toll the statute for the judgment’s expiration? | Lewis argues saving clause tolls the period. | Smith argues tolling is inapplicable. | Savings clause does not toll; not applicable to this guardian-ward setting. |
| Is the right to sue vested in the conservator or Lewis? | Lewis contends the right was hers despite the conservator. | Smith contends the conservator holds the right by guardianship. | The right vested in the conservator; tolling clause inapplicable. |
Key Cases Cited
- U.S. Fid. & Guar. Co. v. Conservatorship of Melson, 809 So.2d 647 (Miss. 2002) (conservatorship authority and equal duties of conservator)
- Rockwell v. Preferred Risk Mut. Ins. Co., 710 So.2d 388 (Miss. 1998) (savings statute protects rights of incapable wards)
- Harvey v. Meador, 459 So.2d 288 (Miss. 1984) (guardian’s duties and powers resemble those of a conservator)
- Weir v. Monahan, 7 So. 291 (Miss. 1890) (when legal title is in a trustee, action may be barred if not asserted)
- Powers v. Tiehauer, 939 So.2d 749 (Miss. 2005) (de novo standard for questions of law)