Dunton v. Ayscue

HUNTER, Robert C., Judge.

Plaintiff Charles Dunton appeals from the trial court’s order dismissing his complaint pursuant to the “two dismissal” rule under Rule 41(a)(1), as well as Rule 12(b)(1) and 12(b)(6) of the Rules of Civil Procedure. Plaintiff primarily argues that the trial court erred in dismissing his complaint because defendant Angela Michelle Ayscue was never served in the two prior actions and thus the “two dismissal” rule should not operate as a bar to his current cause of action against defendant. We conclude, based on prior precedent and the plain language of Rule 41(a)(1),…