Legal Opinion · Concurring in part, dissenting in part
Newton County v. State ex rel. Dukes
Court of Appeals of Mississippi
Decided June 4, 2013No. Nos. 2011-CA-01500-COA, 2011-CA-01501-COAPublished
1Concurring in part, dissenting in partCarlton, J.
¶ 47. In this case, I submit that the actions against the separately named defendants face different statutes of limitation. I concur with the majority that the action against the separate defendant Un*831ion is not barred by the MTCA. See Estate of Spiegel v. Western Surety Co., 908 So.2d 859, 863-64 (¶ 18) (Miss.Ct.App.2005). I also concur with the majority’s determination that MTCA one-year statute of limitations applies to the claims against defendant Newton County and defendant Bounds, the former circuit clerk. However, I find that the one-year statute of limitations of the MTCA fails to…
2Cases cited9 opinions
- City of Mound Bayou v. JohnsonMississippi Supreme Court · 1990
- Mississippi Methodist Hospital & Rehabilitation Center, Inc. v. Mississippi Division of MedicaidMississippi Supreme Court · 2009
- USF&G CO. v. Conservatorship of MelsonMississippi Supreme Court · 2002
- Journeay v. BerryCourt of Appeals of Mississippi · 2007
- Herndon v. Mississippi Forestry CommissionCourt of Appeals of Mississippi · 2010
4 more not listed; retrieve them via the Exa API.