Kay Thornhill v. Christopher W. Ingram

DICKINSON, Presiding Justice,

for the Court:

¶ 1. A wrongful-death beneficiary failed to prosecute this medical-malpractice ease for four years, so, on the defendant’s motion, the circuit judge dismissed the complaint. The plaintiff refiled, and the defendant twice.moved to dismiss, arguing that the statute of limitations had lapsed. Both motions were denied, and we granted interlocutory appeal. Because the statute of limitations is not tolled when cases are dismissed for lack of prosecution, the second complaint was untimely. Accordingly, we reverse and render.

FACTS AND PROCEDURAL HISTORY

¶2.…