OF JUDGMENT: 12/04/2017
LOWNDES COUNTY CIRCUIT COURT HON. LEE J. HOWARD TRIAL JUDGE:
ATTORNEY FOR APPELLANT: WILBUR O. COLOM
ATTORNEYS FOR APPELLEE: J. HALE FREELAND D. BETH SMITH
J. WILSON, P.J., WESTBROOKS AND McDONALD, JJ.
Penny White appeals the Lowndes County Circuit Court's
denial of her motion to set aside a foreign judgment. John
Taylor sought to enforce the enrollment of a Florida judgment
in Mississippi that ordered White to pay him a sum of $7,
000. After review of the record and applicable Mississippi
and Florida law, we reverse and render a judgment in favor of
White because we find that the statute of limitations has
In January 2002, the Eighteenth District Circuit Court in
Seminole County, Florida entered a final judgment to dissolve
the marriage between White and Taylor. In dividing their
assets, the court ordered White to pay Taylor $7, 000. In
July 2014, after twelve years of non-payment, Taylor filed a
supplemental petition for modification and other relief in
the Eighteenth District Circuit Court. In August 2014, the
court found that White had failed to pay Taylor the $7, 000
ordered in 2002 and that with interest the current amount
owed was $19, 043.57, which would continue to accrue at the
rate of nine percent until paid. The Florida court also found
White in contempt and addressed various matters related to
the custody and support of the parties' children.
During these proceedings, both White and Taylor resided in
Florida. Additionally, White owned properties in Lowndes
County, Mississippi. In February 2017, Taylor filed a notice
in the Lowndes County Circuit Court regarding the foreign
judgment. The circuit clerk filed the notice in the
court's records and sent a copy to White. At the same
time, Taylor also filed a petition for a writ of execution,
requesting that the Lowndes County Sheriff's Department
seize White's properties to be sold at a public auction
to satisfy the judgment.
In May of 2017, White filed a motion to set aside the foreign
judgment, stating that the statute of limitation requirement
under Mississippi Code Annotated section 15-1-45 barred the
action, because more than seven years had passed since the
original January 2002 judgment had been handed down. White
also argued that she was not given proper notice at the time
of enrollment because her Florida address was known and
because she was only served by publication.
The Lowndes County Circuit Court denied White's motion to
set aside the foreign judgment, finding that the 2014
judgment was a renewed or separate judgment that reset the
limitations period. The court also found that notice was
properly given. White appeals from this judgment.
"[Appellate courts] use  a de novo standard of review
when passing on questions of law including statute of
limitations issues." Estate of Puckett v.
Clement, 238 So.3d 1139, 1144 ...