Mullinax v. State Farm Mutual Automobile Insurance Co.

Barnes, Judge.

Shirley and James Mullinax appeal the trial court’s order denying their motion to correct an alleged clerical error and granting summary judgment to their uninsured/underinsured motorist (UM) carrier, State Farm Mutual Automobile Insurance Company. Because the Mullinaxes met the conditions precedent for pursuing their UM claim, and because the trial court erred in denying their motion to rescind their voluntary dismissal with prejudice, we reverse.

In August 2007 Shirley Mullinax sued David English for personal injuries sustained during a motor vehicle collision, and her husband…