Wal-Mart Stores, Inc. v. Caples

Wal-Mart Stores, Inc., has appealed by permission from a circuit court's interlocutory order denying its motion to dismiss an action brought by Kathy and Bobby Caples arising from an alleged slip and fall. Wal-Mart contends that the plaintiffs' claims had been presented in an earlier action that was dismissed for failure of the plaintiffs to prosecute and that the dismissal of that first action operates as an adjudication on the merits and bars this present action. The Capleses defend the trial court's order only by asserting that this appeal was untimely filed. The questions presented are…