Robinson v. Trenton Dressed Poultry Co.

JOHNSON, Judge:

This action arose out of an automobile accident which occurred September 23, 1980. On August 30, 1982 Appellant, Ellis Robinson, filed a Praecipe for Writ of Summons in trespass, and an arbitration hearing on the matter was scheduled for May 3, 1983.

As of the date of the arbitration hearing the Writ of Summons had neither been served, nor reissued, nor had a complaint been filed or served and, on May 5,1983, an order was entered by the trial court, dismissing the action without prejudice.

On May 25, 1983 Robinson filed a complaint in trespass under the same court term and number…