Craig v. Dean

I would grant the motion for rehearing.

This is a summary judgment case and it is incumbent upon the moving party to show no genuine issue of a material fact. Appellants’ contention that the statute of limitations did not begin to run until discovery of the note which gave rise to the cause of action raises a genuine issue as to a material fact.

The general rule as stated in 54 C.J.S. Limitations of Actions § 205, P. 216 is that ignorance of a cause of action ordinarily does not toll the statute of limitations. It is further stated “* * * the statute runs from the time the cause of action first…