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HENLEY TIMBER CO. v. PONTI

No. 2007-IA-01286-SCT.

991 So.2d 1195 (2008)

HENLEY TIMBER COMPANY, Charles W. Henley, Individually and d/b/a Henley Timber Company v. Robert Joseph PONTI, Jr.

Supreme Court of Mississippi.

October 2, 2008.

Attorney(s) appearing for the Case

Kenneth S. Womack, Ridgeland, attorney for appellant.

William Mitchell Cunningham, Jr., attorney for appellee.

Before SMITH, C.J., DICKINSON and LAMAR, JJ.

DICKINSON, Justice, for the Court.

¶ 1. The question presented is whether defendants' agreement to an extension of time for service of process prevents them from asserting a statute-of-limitations defense.

STATEMENT OF FACTS AND PROCEEDINGS

¶ 2. Robert Joseph Ponti, Jr., sued Charles W. Henley and Henley Timber Co. on the last day before the statute of limitations on his claim expired. Ponti's service of process was defective.

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