Rosenfeld v. Telcom Engineering, Inc.

SNYDER, Judge.

Defendant-appellant appeals from a judgment denying his motion to dismiss plaintiff-respondent’s cause of action with prejudice pursuant to Rule 67.06. The trial court denied the motion, ruling that the court lacked jurisdiction because plaintiff had previously dismissed his petition without prejudice. Alternatively, the trial court ruled that respondent’s failure to file an amended petition on time was due to excusable neglect. The judgment is affirmed.

Respondent filed his original petition in eleven counts against four defendants. The petition sought damages for breach of…