Brown v. St. Paul Mercury Insurance

John I. Purtle, Justice.

The trial court granted a summary judgment in favor of the appellee. We agree with the appellants’ argument for reversal that the court should have allowed a nonsuit.

This is the second appeal in this case. In Brown v. St. Paul Mercury Ins. Co., 292 Ark. 558, 732 S.W.2d 130 (1987), we reversed and remanded the case to the trial court on a point concerning the statute of limitations.

On April 26,1989, the appellee filed a motion to dismiss. The appellants’ attorney mailed the trial judge a letter on May 4, 1989, which states in part: “In light of the defendant’s recent…