affirmative relief. For affirmative counterclaims, Trial Rule 13(J)(1) simply does not operate to toll- the statute of limitations. ' Crivaro, supra; Estate of Daugherty, supra. [14] In sum, Wittig’s counterclaim was untimely filed and does not otherwise qualify for exemption under Trial Rule 13(J)(1). As such, it was time-barred and subject to dismissal. Based on the foregoing, we conclude that the trial court erred in denying the Deputies’ motion to dismiss the counterclaim pursuant to Trial Rule 12(B)(6). Accordingly, we reverse and remand for proceedings consistent w d 886, 888 (1977) (applying view that institution of plaintiff's action tolls or suspends running of statute of limitations governing a compulsory counterclaim); Armstrong v. Logsdon, 469 S.W.2d 342, 343 (Ky.App.1971) (<HOLDING>). 6 .See also Barnard v. Knox/Winamac Cmty.
holding that the institution of plaintiffs suit tolls or suspends the running of the statute of limitations governing a compulsory counterclaim holding that a timely petition for administrative review stops the running of the statute of limitations holding that when plaintiff files timely action he effectively tolls running of statute of limitations for that occurrence meaning no justification for barring defendants counterclaim arising from that occur rence holding that where counterclaim arises out of same transaction alleged in plaintiffs complaint is not barred by a running of the statute of limitations thereafter rather statute of limitations is suspended until counterclaim is filed holding that a timely motion for reconsideration tolls the statute of limitations even if the motion is procedurally invalid