Lagniappe Logistics, Inc. v. Scott M. Buras

DICKINSON, PRESIDING JUSTICE,

FOR THE COURT:

¶1. Occasionally, the question of whether the statute of limitations has run turns on the resolution of a fact question. In such cases, a statute-of-limitations defense cannot be resolved on a defendant’s motion to dismiss based on Mississippi Rule of Civil Procedure 12(b)(6). In this case, the defendant filed a Rule 12(b)(6) motion to dismiss, claiming the statute of limitations has expired. The chancellor — finding it inappropriate to dismiss the case at the Rule 12(b)(6) stage due to an existing fact question — denied the motion. We affirm and…