COVID-19 emergency tolled appeal bond deadline

Plaintiffs’ motion to dismiss with prejudice for failing to perfect an appeal is denied because the COVID-19 emergency tolled the deadline for filing an appeal bond.

Ruling

“I find that the plain meaning of the Supreme Court’s Declaration of Judicial Emergency in Response to COVID-19 Emergency, as extended and clarified, tolled all ‘case-related deadlines, excluding discovery deadlines’ at all times relevant to the plaintiff’s motion. I specifically find that the deadline to post bond within 10 days of date of the judgment of the general district court is a case-related deadline that was tolled.

“The Court overrules Plaintiffs’ Plea of Res Judicata and Collateral Estoppel.

“While the general district court judge’s April 24, 2020 letter gave judgment to Keith E. Adams and Kim D. Adams, Trustees of the Adams Family Trust on Ruby Tuesday’s counterclaim, it is not clear if the counterclaim was decided on the merits.

“It is very likely that it was not. If it was, it should not have been because the counterclaim did not state viable causes of action. The counterclaim specifically asserted that the landlord breached the lease by (1) failing to mitigate damages and (2) intentionally miscalculating its liquidated damages. The failure to mitigate damages is an affirmative defense rather that a viable cause of action. The challenge to the calculation of Adams’ damages is also a defense to Adams’ claim for damages.”

Adams v. Ruby Tuesday, Case No. CL20000482-00, Sept. 25, 2020; 24th Cir. Ct. (Watson). C. Jay Robbins IV, R. Andrew Hutchinson for the parties. VLW 020-8-107, 2 pp.