Wilson v. Wright

STUART, Justice.

On August 15, 1969 defendants were served with an original notice of an action for damages resulting from personal injuries sustained by plaintiffs on August 20, 1967. The cause, docketed as Law No. 94118 in Polk County, was dismissed without prejudice October 31, 1969 on defendants’ motion for failure to comply with Rule of Civil Procedure 55 on the ground that the petition was not on file on the date stated in the original notice. No appeal was taken from that dismissal.

The statute of limitations ran on August 20, 1969. On February 11, 1970 plaintiffs filed a second petition…