Will Realty, LLC v. Isaacs
Annotate this CaseWill Realty, LLC appealed the grant of a motion for relief from judgment in favor of Mark and Sally Isaacs. In 2009, Mainsource Bank, Inc., obtained a judgment against the Isaacses for the sum of $3,911,681.92 and interest in Kentucky. This judgment was assigned to Will on January 6, 2010. In 2019, Will enrolled the judgment in the judgment rolls of Hancock County, Mississippi. Will then filed writs of garnishment directed to multiple banks and the employer of Sally Isaacs. After the writs were issued, the Isaacses sought relief under our Rule of Civil Procedure 60(b), claiming the judgment was void. Will responded, arguing that the judgments had been renewed and that the statute of limitations had reset. After receiving argument, the court granted the Isaacses’ requested relief. The Mississippi Supreme Court determined that a plain reading of the applicable statute, Mississippi Code Section 15-1-45 (Rev. 2019) regarding the statute of limitations for judgments from foreign jurisdictions, the trial court correctly granted judgment in favor of the Isaacs because the statute of limitations extinguished Will’s right.
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