National Building Maintenance Specialists, Inc. v. Hayes

MlKELL, Judge.

National Building Maintenance Specialists, Inc. (“National”), filed a motion to dismiss Cassaundra Hayes’s personal injury action on the ground that she was judicially estopped from prosecuting the action because of her failure to list the claim in her Chapter 13 bankruptcy petition. The trial court denied the motion but issued a certificate of immediate review. We granted National’s application for interlocutory appeal. Reviewing the trial court’s denial of National’s motion to dismiss under the de novo standard of review, 2 we affirm.

On January 23, 2003, Hayes slipped and fell…