Kilgore v. Stewart

SMITH, Presiding Judge.

John Kilgore appeals from the trial court’s order denying his motion to dismiss a renewal action filed by Grant Stewart. Kilgore asserts the trial court should have dismissed Stewart’s renewal action because it was filed before Stewart validly dismissed his first action against Kilgore. We agree and therefore reverse.

The record shows that Stewart filed suit against Kilgore and Walter Stansberry for injuries he received in an automobile accident. Stewart also served State Farm Mutual Automobile Insurance Company with a copy of the complaint. Stewart voluntarily dismissed…