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Tidwell v. Tidwell

Plaintiff's suit against his grandmother for conversion of a automobile was barred by the applicable 4-year statute of limitation.

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In this action to recover title to a car, the trial court determined that the statute of limitation for conversion barred the claim and granted summary judgment to Alvertia Tidwell. Marion Tidwell Tidwell appeals, contending that the ground upon which summary judgment was granted had not been asserted and that, therefore, he did not have full and fair notice and opportunity to controvert it. While the record is insufficient to review that contention, it does show that the claim was barred by the statute of limitation. We therefore affirm.

Tidwell was a minor when his father died and his grandmother, Alvertia Tidwell, was appointed as his guardian. While serving as guardian, his grandmother purchased an automobile with Tidwell’s funds. In 1992, when Tidwell reached the age of 18, his grandmother filed a final return with the probate court, listing the car as an asset in the estate. Tidwell certified that the return was correct and relieved his grandmother of further liability or accounting. In November 1992, the probate court discharged Tidwell’s grandmother as guardian and granted letters of dismission to her.

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