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Estate of Spiegel v. Western Surety Co.8/9/2005
ment.
Conclusion
. In this case, we find that Spiegel simply failed to timely assert his rights and seek their enforcement; and in addition to all of this, Spiegel plainly failed to comply with the requirements of the MTCA. Id. at 1000-01 ( -18). To borrow language from District Judge Senter, "Spiegel had a full and fair opportunity to enforce his New Jersey judgment . . . ." But, we find, he failed to take advantage of that opportunity, and the long delay between the act of negligence in this case and the final, judicial determination of the unenforceability of Spiegel's judgment was ultimately caused by the inaction of Spiegel, rather than the actions of Rayner or the appellees.
. We find that the circuit court did not err in finding that Spiegel's action accrued on June 9, 1997. Because of that, we can find no error in the circuit court's decision to dismiss Spiegel's action as time-barred. The circuit court's failure to treat the claims against the circuit clerk and former circuit clerk as properly falling under the provisions of the MTCA was, at most, harmless error. This is because, having found Spiegel's action to be clearly barred under the lengthier, three year statute of limitations, it follows, a fortiori, that his action would also clearly be barred under the shorter, one year statute of limitations under the MTCA. Thus, the circuit court's application of the wrong statute of limitations to the circuit clerk and former circuit clerk as separate defendants was harmless error, because the result of the case would be the same whichever limitations period was applied.
. Therefore, since Spiegel's action was clearly time-barred under the three year general statute of limitations under Mississippi Code Annotated ยง 15-1-49, we affirm the judgment of the circuit court.
. THE JUDGMENT OF THE CIRCUIT COURT OF HARRISON COUNTY IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING, C.J., BRIDGES AND LEE, P.JJ., CHANDLER, BARNES AND ISHEE, JJ., CONCUR.
IRVING, J., CONCURS IN RESULT ONLY AND GRIFFIS, J., NOT PARTICIPATING.
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