In re the Estate of Klauber

RONNIE L. WHITE, Judge.

The probate division of the circuit court dismissed appellant, Clayton House Health Care’s (“Clayton House”), claim against the estate of Raymond Klauber (“the estate”) for failure to prosecute, without specifying whether the dismissal was with prejudice or without prejudice. Clayton House attempted to re-file the claim, and the court again dismissed, holding that the prior dismissal was effectively a prejudicial *513dismissal by operation of section 510.150.1 Appellant argues that Rule 67.03, which provides that dismissals are without prejudice unless otherwise specified…