Sacks v. Rickles

HENDRY, Judge.

The appellant-plaintiff appeals from a final judgment entered in favor of the ap-pellees-defendants pursuant to an order granting their motions to dismiss the appellant’s complaint.

*401In a prior suit involving the same parties and the same cause of action, appellees’ motions to dismiss the complaint were granted and appellant was granted leave to amend. Appellant failed to amend her complaint within the time allowed but ap-pellees never obtained a final judgment of dismissal based upon that failure to amend. Instead, after more that one year had elapsed, the trial judge on his own…