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Roden v. Wright

Supreme Court of Alabama
Dec 4, 1992
611 So. 2d 333 (Ala. 1992)

Summary

finding that pursuant to 28 U.S.C. § 1367(d), Roden timely filed his suit in state court within thirty days of the order entering summary judgment on Roden's § 1983 claims in federal court

Summary of this case from Barnett v. Baldwin Cnty. Bd. of Educ.

Opinion

1910869.

December 4, 1992.

Appeal from the Marshall Circuit Court, No. CV-92-012, William C. Gullahorn, J.

William D. Russell, Jr. of Dortch, Wright Russell, Gadsden, for Bobby Darryl Roden.

George W. Royer, Jr. of Sirote Permutt, P.C., Huntsville, for J. Charles Wright, Marshall County Com'n and Marshall County, AL.

T.J. Carnes of Carnes Carnes, Albertville, for Bill McGriff.


The plaintiff, Bobby Darryl Roden, appeals from a dismissal, with prejudice, of state law claims against the defendants, J. Charles Wright and others. The court dismissed the claims upon a holding that the applicable statutory limitations period had expired.

Originally, within the limitations period, Roden had sued in a federal court. The federal court had pendent jurisdiction over the state law claims in question, because Roden also made a federal claim under 42 U.S.C. § 1983. After the limitations period on the state law claims had expired, the federal court on December 30, 1991, entered a summary judgment as to Roden's § 1983 claim, thus destroying its pendent jurisdiction over the state law claims, which it then dismissed without prejudice. Roden sought to revive his state law claims, by suing in the Circuit Court of Marshall County on January 17, 1992. The trial court dismissed those claims with prejudice because the applicable limitations period had expired.

Roden did not appeal the judgment of the federal court.

Pursuant to 28 U.S.C. § 1367(d), which provides for a tolling of the limitations period in a case such as this, Roden's filing in the state court was timely. The case was improperly dismissed.

REVERSED AND REMANDED.

HORNSBY, C.J., and MADDOX, ALMON, SHORES, ADAMS, HOUSTON, STEAGALL and INGRAM, JJ., concur.


Summaries of

Roden v. Wright

Supreme Court of Alabama
Dec 4, 1992
611 So. 2d 333 (Ala. 1992)

finding that pursuant to 28 U.S.C. § 1367(d), Roden timely filed his suit in state court within thirty days of the order entering summary judgment on Roden's § 1983 claims in federal court

Summary of this case from Barnett v. Baldwin Cnty. Bd. of Educ.

finding that pursuant to 28 U.S.C. § 1367(d), Roden timely filed his suit in state court within thirty days of the order entering summary judgment on Roden's § 1983 claims in federal court

Summary of this case from Sawyer v. Collins

refiling conformed with § 1367(d) where party reasserted claims within 17 days after dismissal

Summary of this case from Zhang Gui Juan v. Commonwealth of the N. Mariana Islands
Case details for

Roden v. Wright

Case Details

Full title:Bobby Darryl RODEN v. J. Charles WRIGHT, et al

Court:Supreme Court of Alabama

Date published: Dec 4, 1992

Citations

611 So. 2d 333 (Ala. 1992)

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