Town & Country Jewelers, Inc., et al. v. Andrew Timothy Sheriff, et al.

Town & Country Jewelers, Inc., et al. v. Andrew Timothy Sheriff, et al.
W2017-01375-COA-R3-CV

Over ten years after entry of a judgment, the judgment creditors filed a motion for scire facias to revive the judgment. The trial court denied the motion based on a determination that expiration of the statute of limitations deprived the court of subject matter jurisdiction. On appeal, the judgment creditors argue that their motion was timely because the debtor revived the debt by agreeing that the debt was nondischargeable in bankruptcy. We conclude that the trial court possessed subject matter jurisdiction but that revival does not apply. So we affirm as modified.

Authoring Judge: 
Judge W. Neal McBrayer
Originating Judge: 
Chancellor Jim Kyle
Date Filed: 
Wednesday, June 13, 2018