Thomas v. Freeman

There are two issues before this court. The first is whether a dismissal is on the merits where a court dismisses a case because service of process has failed and the dismissal entry does not indicate that the dismissal is otherwise than on the merits. The second issue is whether a plaintiff may utilize the savings statute to refile her complaint where the complaint was dismissed due to a failure of service. The savings statute can only be utilized to refile a case that was dismissed other than on the merits when the statute of limitations has expired. Therefore, the answer to the second…