Arceo v. Tolliver

¶ 51. I agree with the Majority that Tolliver’s suit should have been dismissed with prejudice. However, I reject the Majority’s determination that this “situatio[n] falls within the purview of the remedial savings clause.” A “duly commenced” action is essential to trigger application of the “savings statute.” Miss.Code Ann. § 15-1-69 (Rev.2003). In the absence of compliance with the pre-suit-notice requirements of Mississippi Code Section 15-1-36(15), a necessary “condition precedent” to filing suit thereunder, Wimley v. Reid, 991 So.2d 135, 139 (Miss.2008), no “duly commenced” action may…