Payne v. Matthews

TOMLIN, Judge.

Plaintiff is appealing from an order of the trial judge of the Circuit Court of Shelby County, dismissing his suit for personal injuries and property damage, by granting defendant’s motion for summary judgment. The suit so dismissed was the third suit for the same cause of action filed by the plaintiff. Defendant’s motion for summary judgment was sustained on the grounds that plaintiff’s most recent suit was barred by the statute of limitations. The issue presented by this appeal is whether or not Rule 41.01 T.R.C.P. in any way affects the time in which a plaintiff can refile…