Sanson v. State Farm Fire & Casualty Co.

Phipps, Judge.

The issue presented is whether the trial court should have permitted an attorney to rescind a dismissal with prejudice that he signed and filed by mistake. Applying our Supreme Court’s decision in Page v. Holiday Inns,1 we conclude that the trial court abused its discretion by not permitting the correction. Accordingly, we reverse.

This case arose from an automobile collision involving vehicles driven by Christina Danielle Baird and Kesner Simon. Simon and his wife sued Baird; Baird counterclaimed against Simon; and the mother of Melissa Sanson, a passenger in Baird’s car,…