Davis Davenport v. Hertz Rental Equipment Corporation

IRVING, P.J.,

for the Court:

¶ 1. This is a consolidated appeal stemming from two separate, yet related, summary-judgment orders rendered by the Circuit Court of Rankin County against Davis Davenport and in favor of Hertz Equipment Rental Corporation and Terex Corporation, respectively. The circuit court determined that Davenport had improperly substituted both Hertz and Terex pursuant to Rule 9(h) of the Mississippi Rules of Civil Procedure and that the statute of limitations had run before Davenport filed complaints against them. On appeal, Davenport asserts that the trial court erred in (1)…