Smith v. Stratton

OPINION

RABINOWITZ, Chief Justice.

INTRODUCTION

This appeal of a dismissal raises the issue of whether Alaska’s savings statute applies to an action which is refiled within one year after being dismissed for failure to prosecute. The superior court dismissed the Smiths’ complaint, finding that it was time-barred by the statute of limitations and that Alaska’s savings statute, AS 09.-10.240, did not apply. The superior court *1163also rejected the Smiths’ equitable estoppel arguments against application of the statute of limitations.

FACTS AND PROCEEDINGS

On November 30, 1984, Barbara Stratton…