Rice v. Taylor-Morley-Simon, Inc.

REINHARD, Judge.

Plaintiffs appeal from an order of the trial court dismissing their petition alleging breach of contract and tortious interference with contract by defendants. We affirm.

This case presents one principal issue for resolution: Does plaintiffs’ failure to appeal the trial court’s possibly erroneous dismissal with prejudice of their causes of action preclude them from refiling and pursuing the same claims?

In 1987, plaintiffs filed their third amended petition against, among others, defendants Taylor-Morley-Simon (TMS) and Leon James, alleging breach of contract by TMS and tortious…