Justia New Hampshire Supreme Court Opinion Summaries

Appellant Kerry McCarty, as executrix of the Estate of Ruth C. McCarty, appealed a circuit court order denying her motion to dismiss the claim of the New Hampshire Department of Health and Human Services (DHHS) for repayment of medical assistance provided to the decedent through the State's Medicaid program. She argued the court erred by concluding that DHHS's claim was not barred by the statute of limitations. Finding no reversible error, the Supreme Court affirmed. View "In re Estate of Ruth C. McCarty" on Justia Law

Plaintiff Trinity EMS, Inc. appealed a circuit court order dismissing its collection action against defendant Timothy Coombs. Plaintiff obtained a default judgment against defendant in 2003. Defendant made some payments, but as of March 2012, the judgment had not been satisfied. Plaintiff filed a new suit in 2012, for a new judgment, which it could use to attach the defendant’s real estate, because the first judgment was outside of the statute of limitations for an action of debt upon a judgment. In dismissing plaintiff's 2012 suit, the trial court ordered that "all hearings should be scheduled in [the 2003 action’s docket]." Plaintiff moved for reconsideration. The court denied the motion, finding (in relevant part): "There is no Cause of Action for obtaining 'an attachment' which is what Plaintiff is seeking. . . . Plaintiff has a judgment. It was apparently never recorded and is beyond the limitation period set forth in RSA 511." On appeal, plaintiff argued that the trial court erred in dismissing its 2012 action because its complaint set forth a claim upon which relief could have been granted. The Supreme Court disagreed after review of the pertinent New Hampshire case law: plaintiff stated a claim upon which relief may be granted. Accordingly, the Court reversed the dismissal of the plaintiff's action and remanded for further proceedings. View "Trinity EMS, Inc. v. Coombs " on Justia Law