Bunting Tractor Co. v. Emmett D. Ford Contractors, Inc.

(concurring in result) .

Since this court authoritatively may interpret its own rules, and since a majority of the court has concurred in the opinion of Mr. Justice CROCKETT, I concur in the result, but not in the reasoning by which it is reached.

Rule 12 (k) clearly makes dismissal mandatory if the cost bond is not filed within a month of notice given and motion to dismiss is filed, and 41(b) provides that unless the court otherwise specifies, a dismissal operates as an adjudication on the merits, which, of course, is with prejudice. Here the court did not specify otherwise, save to dismiss…