Sweet Valley Missionary Baptist Church v. Alfa Insurance Corp.
124 So. 3d 643
| Miss. | 2013Background
- Sweet Valley filed a breach-of-contract suit against Alfa Insurance Corp. on August 29, 2008 over allegedly deficient Katrina coverage.
- Discovery issues arose when attorney Frisch-hertz signed discovery/designations while purportedly not admitted pro hac vice, leading the trial court to dismiss the case June 29, 2009.
- Sweet Valley moved July 8, 2009 to set aside the judgment or for a new trial; the circuit court denied it January 29, 2010, and Sweet Valley filed a second complaint the same day.
- The trial court dismissed the second complaint as untimely, holding the statute of limitations resumed on June 29, 2009 after the first suit was dismissed.
- The Court of Appeals initially affirmed, then reversed on rehearing, holding Rule 59 tolls the statute of limitations; certiorari was granted by the Mississippi Supreme Court.
- The Supreme Court held that a properly filed Rule 59(e) motion tolls the statute of limitations until the motion is resolved, making the second complaint timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Rule 59(e) toll the statute of limitations? | Sweet Valley argues 59(e) tolls the underlying contract claim. | Alfa contends tolling ended when the first case was dismissed in 2009. | Yes; Rule 59(e) tolls the limitation period until resolution. |
| Does Rule 60(b) toll the statute of limitations or final judgments? | Sweet Valley did not rely on 60(b) to toll. | Alfa argues 60(b) does not toll or stay judgments or time limits. | No; Rule 60(b) does not toll the statute or stay final judgments. |
Key Cases Cited
- Hill v. Ramsey, 3 So.3d 120 (Miss. 2009) (tolling of the statute upon filing complaint unless process untimely)
- Laurel Oil & Fertilizer Co. v. McCraw, 172 So.2d 503 (Miss. 1937) (timely motion for new trial extends judgment)
- Bruce v. Bruce, 587 So.2d 898 (Miss. 1991) (Rule 59 tolls finality and appeal period; Rule 60 is different)
- Osterneck v. Ernst & Whinney, 489 U.S. 169 (1989) ( Rule 59 tolling akin to federal rule; judgment not final while 59 motions pending)