Burlan v. Country Insurance & Financial Services

ROBERT G. DOWD, JR., Presiding Judge.

Joseph Burian (“Burian”) appeals from the trial court’s judgment granting Country Insurance & Financial Services’ (“Country”) motion for summary judgment asserting Burian’s claim was barred by Rule 67.02(a). Burian argues the trial court erred in granting Country’s motion for summary judgment because the dismissal of his prior suit on February 26, 2007 was without prejudice and was not an adjudication on the merits. We reverse and remand.

This identical cause of action has been the subject of four previous lawsuits seeking uninsured motorist benefits for…