Volvo Financial Services v. Williamson, No. 18-60229 (5th Cir. 2018)Annotate this Case
Volvo filed suit against defendant for breach of contract after he defaulted on payments under eight separate promissory notes. The Fifth Circuit affirmed the district court's grant of summary judgment for Volvo, holding that Mississippi Code 15-1-23 did not bar Volvo from bringing deficiency claims on Notes 001–004. The court held that the most reasonable interpretation of section 15-1-23, when applied to the facts of this case, was that the sale of all property securing a note must be complete to trigger the statute of limitations. The court also affirmed the district court's denial of defendant's Rule 59(e) motion to alter or amend the judgment, holding that Mississippi Code 75-9-615(d)(1) and (d)(2), section 75-9-616(a) and (c), and section 75-9-617(a) were not determinative in this case.