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ESTATE OF JOHNSON EX REL. SHAW v. GRACELAND CARE CENTER

Nos. 2008-CA-00688-SCT, 2008-IA-01762-SCT.

41 So.3d 692 (2010)

The ESTATE OF Ardelua JOHNSON, by and through Allie SHAW, Individually and as Executrix of the Estate of Ardelua Johnson, and for the Use and Benefit of the Wrongful Death Beneficiaries of Ardelua Johnson v. GRACELAND CARE CENTER OF OXFORD, LLC, Graceland Management Company, Inc., Graceland Holdings, L.P., Graceland Inc., Lafayette Ltd., Inc., Katie M. Overstreet QTIP Trust, Katie M. Overstreet Trust, Larry Overstreet and John B. ("Ley") Falkner, Mary Wilson. DeSoto Healthcare, Inc. d/b/a DeSoto Healthcare Center v. Timothy Conley.

Supreme Court of Mississippi.

August 12, 2010.

Attorney(s) appearing for the Case

Susan Nichols Estes, Cameron Christopher Jehl, attorneys for appellant in No. 2008-CA-00688-SCT.

Andy Lowry, Thomas L. Kirkland, Jr., Ridgeland, attorneys for appellees in No. 2008-CA-00688-SCT.

Andy Lowry, Thomas L. Kirkland, Jr., Ridgeland, attorneys for appellant in No. 2008-IA-01762-SCT.

Bobby F. Martin, Jr., attorney for appellee in No. 2008-IA-01762-SCT.

EN BANC.

PIERCE, Justice, for the Court:

¶ 1. The motion for rehearing is denied. The previous opinion is withdrawn, and this opinion is substituted therefor.

¶ 2. The present matter stems from two cases which were consolidated for purposes of appeal. Both cases involve identical issues: whether a trial court may properly grant a Mississippi Rule of Civil Procedure 12(b)(6) motion to dismiss as to the statute of limitations on a medical-malpractice claim...

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