S & H GROCERY INC. v. GILBERT CONST. CO.

No. 97-CA-01097 COA.

733 So.2d 851 (1998)

S & H GROCERY INC., Appellant, v. GILBERT CONSTRUCTION CO., INC., Southern Company, Inc., and Custom Sign Company, Inc., Appellees.

Court of Appeals of Mississippi.

Rehearing Denied February 23, 1999.

Certiorari Denied April 29, 1999.


Attorney(s) appearing for the Case

Ivan D. Harris, Jr., Colliersville, TN, Attorney for Appellant.

Lisa Erickson Circeo, Joseph Koury, Jackson, James T. McColgan, III, Camp LeJeune, NC, Roane Waring, III, Memphis, TN, Attorneys for Appellees.

BEFORE McMILLIN, P.J., COLEMAN, AND PAYNE, JJ.


McMILLIN, P.J., for the Court:

¶ 1. This case raises the issue of whether the "savings" provision of Section 15-1-69 of the Mississippi Code of 1972 extends to suits filed within the permitted one-year grace period after the same cause of action has been dismissed in a court of another State. We hold that the provisions do not apply in such instance and, therefore, affirm the judgment of the trial court.

¶ 2. S & H Grocery, Inc., the plaintiff...

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