Ex Parte Grisby Jacob Thompson Petition for Writ of Mandamus (in Re: Samuel Moore and Victor Sambade v. Grisby Jacob…

Summary

The court granted Thompson's petition for a writ of mandamus and directed the circuit court to enter summary judgment in his favor because the plaintiffs' claims were filed outside the limitations period and did not relate back to the original complaint. Although the original complaint identified a fictitious defendant corresponding to Thompson and the plaintiffs initially lacked his identity, the plaintiffs did not exercise due diligence to determine his involvement and did not promptly substitute him after learning his identity. No separate opinions were filed.