Layfield v. Indian Acres Club of Thornburg, Inc.

By Judge William H. Ledbetter

In this case, the question is whether an action is commenced and the statute of limitation tolled when amotion for judgment is received in the clerk’s office accompanied by an amount of money insufficient to cover the fees.

Facts

The pertinent facts are stipulated.

On September 6,1999, the plaintiff sustained injuries when she fell into a pit on premises allegedly owned or under the control of the defendants.

On September 6,2001, plaintiffs counsel caused a motion for judgment to be delivered to the clerk’s office. The pleading was received but not date-stamped or…