Johnston v. Lenowitz

Newman Johnston III and Phillip C. Ash-er appeal the trial court’s order dismissing their first amended complaint with prejudice. The trial court dismissed the complaint on the ground that the same lawsuit had twice before been voluntarily dismissed. We reverse.

Arthur Lenowitz has been sued once in his corporate capacity for his obligations under a promissory note he executed on December 30, 1982, and three times, including this lawsuit, in his individual capacity for his obligations under an identical promissory note that he executed on December 15, 1982.

The first three lawsuits were filed…