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688 F.2d 1002

Docket No. 82-4115

Nelson v. James

Fifth Circuit Court of Appeals

Decided Oct. 12, 1982.

Fifth Circuit Court of Appeals · decided 1982-10-12

Cited by 3 later decisions — most recently September 1983

3 federal appellate ·

2 counsel of record

Key passage — most relied on by later courts

“On August 16, 1975, the parties to this appeal were involved in an automobile accident in Marshall County, Mississippi. On Monday, August 17, 1981, plaintiffs filed the complaint initiating this case, seeking damages for personal injuries allegedly caused by defendant’s negligent operation of his vehicle. Defendant answered, claiming that the action was barred by the six year statute of limitations. Miss.Code Ann. § 15-1-49 (1972). The district court granted a motion to dismiss for that reason. This appeal presents only the question whether a claim filed on Monday when the statute of limitations expires on Sunday is timely. Question certified: When the last day of the six year statute of limitations for filing a personal injury action falls on a Sunday, is an action filed on the next day, Monday, timely?”

quoted by 1 later decision, including Nelson v. James

“Therefore, the question certified When the last day of the six year statute of limitations for filing a personal injury action falls on a Sunday, is an action filed on the next day, Monday, timely?”

quoted by 1 later decision, including Nelson v. James

Applies MS 15 § 15-1-49

Relies on Martinez v. Rodriquez

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1982-10-12

View the full empirical analysis of this case →

¶1Summary Calendar.

¶2Dorizas & Grantham, Angelo J. Dorizas, Jackson, Miss., for plaintiffs-appellants.

¶3Sumner, Hickman & Rayburn, S. T. Rayburn, Will A. Hickman, Oxford, Miss., for defendant-appellee.

¶4Before RUBIN, JOHNSON, and WILLIAMS, Circuit Judges.

¶5PER CURIAM:

¶6On August 16, 1975, the parties to this appeal were involved in an automobile accident in Marshall County, Mississippi. On Monday, August 17, 1981, plaintiffs filed the complaint initiating this case, seeking damages for personal injuries allegedly caused by defendant’s negligent operation of his vehicle.

¶7Defendant answered, claiming that the action was barred by the six year statute of limitations. Miss. Code Ann. § 15-1-49 (1972). The district court granted a motion to dismiss for that reason. This appeal presents only the question whether a claim filed on Monday when the statute of limitations expires on Sunday is timely.

¶8*1003Neither party has cited us a case bearing directly on this question, and we have discovered none. Thus, the ease presents an important question unresolved by Mississippi jurisprudence and appropriate for certification under the procedure authorized by Mississippi Supreme Court Rule 46.

¶9CERTIFICATE FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT TO THE SUPREME COURT OF MISSISSIPPI AND THE HONORABLE JUSTICES THEREOF:

¶10It appears to the United States Court of Appeals for the Fifth Circuit that this case involves questions of Mississippi law that are determinative of the plaintiffs’ ability to maintain this suit. There appear to be no controlling precedents in the decisions of the Supreme Court of Mississippi.1 This court, therefore, certifies the following question of law to the Supreme Court of Mississippi for decision pursuant to Rule 46.2

When the last day of the'six year statute of limitations for filing a personal injury action falls on a Sunday, is an action filed on the next day, Monday, timely?

¶11The record in this case, together with copies of the parties’ briefs, including the briefs submitted in response to our inquiry concerning certification, are transmitted herewith.

¶12QUESTION CERTIFIED.

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