Wiley Electric, Inc. v. Brantley

KAUGER, Justice.

The present controversy arises from the trial court’s grant of summary judgment to the appellee, Willa Brantley. Certiorari is granted to answer a question of first impression: whether 12 O.S. 1981 § 100 1 requires that a second action, rather than a petition in the original case, be filed to avail a party of the savings clause providing that a new action may be filed within one year of dismissal otherwise than on the merits of any timely-filed action. The appellant, Wiley Electric, Inc., presents a second issue for determination by this Court: whether filing an amended…