enforcement of any affirmative defense in Mississippi

2025In that case, we held that “[a] defendant’s failure to timely and reasonably raise and 47 pursue the enforcement of any affirmative defense or other affirmative matter or right which would serve to terminate or stay the litigation, coupled with active participation in the litigation process, will ordinarily serve as a waiver.” Horton, 926 So. 2d at 180 (footnote omitted).

2024Our Supreme Court has held that “[a] defendant’s failure to timely and reasonably raise and pursue the enforcement of any affirmative defense or other affirmative matter or right which would serve to terminate or stay the litigation, coupled with active participation in the litigation process, will ordinarily serve as a waiver.” Horton, 926 So. 2d at 180 (¶44) (emphasis added).4 ¶13.

2011This lawsuit was filed on October 10, 2007 and the Defendants have actively participated in the litigation since its inception and have *994 thereby waived this defense.” The special master quoted East Mississippi State Hospital v. Adams, 947 So.2d 887, 891 (Miss.2007) (quoting MS Credit Center, Inc. v. Horton, 926 So.2d 167, 181 (Miss.2006)), for the following: “A defendant’s failure to timely and reasonably raise and pursue the enforcement of any affirmative defense or other affirmative matter or right which would serve to terminate or stay the litigation, coupled with active participation i

2009This Court stated that “[a] defendant’s failure to timely and reasonably raise and pursue the enforcement of any affirmative defense or other affirmative matter or right which would serve to terminate or stay the litigation, coupled with active participation in the litigation process, will ordinarily serve as a waiver.” Id. at 891 (quoting Horton, 926 So.2d at 180 ).

2016“A defendant’s failure to timely and reasonably raise and pursue the enforcement of any affirmative defense or other affirmative matter or right which .would serve to terminate or stay the litigation, coupled with active participation in the litigation process, will ordinarily serve as waiver.” Estate of Grimes v. Warrington, 982 So.2d 365, 370 (¶22) (Miss. 2008) (quoting Horton, 926 So.2d at 181 ). “[T]o pursue an affirmative defense [means] ‘to plead it, bring it to the court’s attention, and request a hearing.’ ” Id. at (¶23) (citing Horton, 926 So.2d at 181 ).

2016“A defendant’s failure to timely and reasonably raise and pursue the enforcement of any affirmative defense or other affirmative matter or right which would serve to terminate or stay the litigation, coupled with active participation in the litigation process, will ordinarily serve as waiver.” Estate of Grimes v. Warrington, 982 So. 2d 365, 370 (¶22) (Miss. 2008) (quoting Horton, 926 So. 2d at 181 ). “[T]o pursue an affirmative defense [means] ‘to plead it, bring it to the court’s attention, and request a hearing.’” Id. at (¶23) (citing Horton, 926 So. 2d at 181 ).

2024One line, beginning with Hutzel, follows the reasoning that “absent a reasonable explanation, failure to plead an affirmative defense according to Rule 8(c) will result in a waiver of that defense.” Hutzel v. City of Jackson, 33 So. 3d 1116, 1120 (Miss. 2010).10 The other line, relying on the dicta in Horton, holds that “a defendant’s failure to timely and reasonably raise and pursue the enforcement of any affirmative defense or other affirmative matter or right which would serve to terminate or stay the litigation, coupled with active participation in the litigation process, will ordinarily s

2023In Hutzel v. City of Jackson, 33 So. 3d 1116, 1119 (¶12) (Miss. 2010), the Mississippi Supreme Court once again interpreted Rule 8(c).

2023Additionally, “[a] defendant’s failure to timely and reasonably raise and pursue the enforcement of any affirmative defense or other affirmative matter or right which would serve to terminate or stay the litigation, coupled with active participation in the litigation process, will ordinarily serve as a waiver.” Kimball Glassco Residential Ctr., Inc. v. Shanks, 64 So. 3d 941, 945 (Miss. 2011) (internal quotation marks omitted) (quoting MS Credit Ctr., Inc. v. Horton, 926 So. 2d 167, 180 (Miss. 2006)).

2018"A defendant's failure to timely and reasonably raise and pursue the enforcement of any affirmative defense or other affirmative matter or right which would serve to terminate or stay the litigation, coupled with active participation in the litigation process, will ordinarily serve as a waiver." Kimball Glassco Residential Ctr., Inc. v. Shanks , 64 So.3d 941 , 945 (¶ 12) (Miss. 2011). ¶ 74.

2011The supplemental memorandum was filed more than one year after the filing of the original complaint and more than three months after the entry of the final judgment in favor of State Bank. ¶ 12 This Court has held that: “[A] defendant’s failure to timely and reasonably raise and pursue the enforcement of any affirmative defense or other affirmative matter or right which would terminate or stay the litigation, coupled with active participation in the litigation process, will ordinarily serve as a waiver.” Knox v. BancorpSouth Bank, 37 So.3d 1257, 1261 (¶ 11) (Miss.Ct.App.2010) (quoting Daughtre

2010In Daughtrey v. Allred, 22 So.3d 1253, 1264 (¶ 26) (Miss.Ct.App.2009), this Court held that “[a] defendant’s failure to timely and reasonably raise and pursue the enforcement of any affirmative defense or other affirmative matter or right which would terminate or stay the litigation, coupled with active participation in the litigation process, will ordinarily serve as a waiver.” ¶ 12.

2024“The waiver of an affirmative defense is subject to an abuse-of-discretion standard of review.” Est. of Puckett v. Clement, 238 So. 3d 1139, 1144 (¶9) (Miss. 2018) (quoting Kinsey v. Pangborn Corp., 78 So. 3d 301, 306 (¶13) (Miss. 2011)). “[A] defendant’s failure to timely and reasonably raise and pursue the enforcement of any affirmative defense or other affirmative matter or right which would serve to terminate or stay the litigation, coupled with active participation in the litigation process, will ordinarily serve as a waiver.” Id. at 1145 (¶10) (quoting MS Credit Ctr.

2024Our Court has held that a defendant “must timely and reasonably raise and pursue the enforcement of any affirmative defense.” Roberts Contracting Inc. v. Mersino Dewatering Inc., 270 So. 3d 994, 1004 (¶31) (Miss.

2024“The waiver of an affirmative defense is subject to an abuse-of-discretion standard of review.” Est. of Puckett v. Clement, 238 So. 3d 1139, 1144 (¶9) (Miss. 2018) (quoting Kinsey v. Pangborn Corp., 78 So. 3d 301, 306 (¶13) (Miss. 2011)). “[A] defendant’s failure to timely and reasonably raise and pursue the enforcement of any affirmative defense or other affirmative matter or right which would serve to terminate or stay the litigation, coupled with active participation in the litigation process, will ordinarily serve as a waiver.” Id. at 1145 (¶10) (quoting MS Credit Ctr.

2011The supplemental memorandum was filed more than one year after the filing of the original complaint and more than three months after the entry of the final judgment in favor of State Bank. ¶ 12 This Court has held that: “[A] defendant’s failure to timely and reasonably raise and pursue the enforcement of any affirmative defense or other affirmative matter or right which would terminate or stay the litigation, coupled with active participation in the litigation process, will ordinarily serve as a waiver.” Knox v. BancorpSouth Bank, 37 So.3d 1257, 1261 (¶ 11) (Miss.Ct.App.2010) (quoting Daughtre

2009Furthermore, even though this issue was raised during trial, it was immediately objected to by Allred’s attorney on the ground that the issue had not been raised in any pleading. “[A] defendant’s failure to timely and reasonably raise and pursue the enforcement of any affirmative defense or other affirmative matter or right which would serve to terminate or stay the litigation, coupled with active participation in the litigation process, will ordinarily serve as a waiver.” Fletcher v. Limeco Corp., 996 So.2d 773, 780 (¶ 20) (Miss.2008).