Circle C. Construction, LLC v. D. Sean Nilsen

OPINION

SHARON G. LEE, C.J.,

delivered the ■opinion of the Court, in which

CORNELIA A. CLARK and JEFFREY S. BIVINS, JJ., joined. HOLLY KIRBY, J., .filed a separate concurring and dissenting opinion.

■ The issue we address is whether the savings statute applies to save an action that was filed within the extended statute of limitations set by a tolling, agreement, was voluntarily nonsuited, and was refiled within one year, but after the extended statute of limitations in the tolling agreement. The trial court granted summary judgment, ruling.that the case was not *916timely filed. The Court of Appeals…