S H Grocery v. Gilbert Construction

2 Citing cases

  1. Douglas v. Norwood

    132 F. Supp. 3d 834 (N.D. Miss. 2015)   Cited 1 times

    This court's research further indicates that while Mississippi has its own savings statute, the Mississippi Court of Appeals has held that, like the Kentucky statute, it does not apply to suits which were filed and dismissed in other states. See S & H Grocery Inc. v. Gilbert Const. Co., 733 So.2d 851 (Miss.App.1998), interpreting Miss.Code Ann. § 15–1–69. This is significant, since it considerably weakens plaintiffs' argument that the application of Kentucky's statute of limitations would run counter to the public policy of this state.

  2. Douglas v. Norwood

    40 F. Supp. 3d 802 (N.D. Miss. 2014)

    This court's research further indicates that while Mississippi has its own savings statute, the Mississippi Court of Appeals has held that, like the Kentucky statute, it does not apply to suits which were filed and dismissed in other states. See S & H Grocery Inc. v. Gilbert Const. Co., Inc., 733 So.2d 851 (Miss.App.1998), interpreting Miss.Code Ann. § 15–1–69. This is significant, since it considerably weakens plaintiffs' argument that the application of Kentucky's statute of limitations would run counter to the public policy of this state.