Cotton States Mutual Insurance Co. v. Hunt Truck Sales & Service, Inc.

COWART, Judge.

If a lienor is joined as a party defendant in an action filed within the statute of limitations on the lienor’s claim,1 but does not file a counterclaim to enforce his right to a lien or to payment under a substituted payment bond2 until after the running of such limitations, are the lienor’s rights barred?

We affirm the trial court in holding that the lienor’s rights were not barred in this particular case. We agree that the institution of an action on one cause of action does not toll a statute of limitations on another cause of action, and, as was held in Horace Mann Insurance…