Register v. Duke

Shaw, Judge:

Appellant, Kimberly Fay Register, appeals from an order granting her a voluntary nonsuit without prejudice conditioned upon the payment of $2,154.30 in costs to respondent, Richard L. Duke, III, before she may refile. We affirm.

Register and Duke were involved in an automobile accident in October 1984. Register brought suit against Duke and the matter was tried before a jury in May, 1988 resulting in a mistrial. When the case came up for trial in the July 18,1988 roster, Register moved for a continuance based on her need for additional medical attention. The case was continued…