Goodwin v. Landquest Development, LLC

FEW, C.J.:

John and Louise Goodwin and Gary and Joyce Owens appeal the circuit court’s refusal to restore their case to the docket after it was “stricken” due to one defendant’s bankruptcy. The circuit court denied the motion to restore the case on the ground the case was barred by the statute of limitations. We hold that because the Goodwins and Owenses complied with the statute of limitations when they initially filed and served the summons and complaint, it was not necessary for them to comply with the statute again when *626they attempted to restore the case to the docket. We reverse and…