Michael Hoelscher v. Miller's First Insurance Co.

598 F. App'x 470

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 31, 2015
• Docket: 14-3295
• Status: Unpublished

Opinion

PER CURIAM.

Michael Hoelscher, Theresa Hoelscher, and C.M. Hoelscher, by Next Friend, Theresa Hoelscher (the Hoelschers) appeal the district court’s 1 dismissal of their civil complaint. Upon careful de novo review, we conclude that the Hoelschers’ claims were time-barred, and that dismissal was therefore proper. See Fullington v. Pfizer, Inc., 720 F.3d 739, 744, 747 (8th Cir.2013) (standard of review; appellate court may affirm dismissal on any basis supported by record); cf. Gross v. United States, 676 F.2d 295, 300 (8th Cir.1982) (statute of limitations for continuing tort generally runs from date of last tortious act). We further conclude that the district court did not abuse its discretion in denying the Hoelschers post-judgment relief. See Miller v. Baker Implement Co., 439 F.3d 407, 414 (8th Cir.2006) (standard of review).

Accordingly, the judgment of the district court is affirmed. See 8th Cir. R. 47B.

1 . The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.