Sumner v. Law Offices of Berg

Bukaty, J.:

Plaintiff, Douglas M. Sumner d/b/a Phoenix Computer Services, appeals the trial court’s dismissal with prejudice of this action. The sole issue presented is whether the trial court erred in dismissing the action pursuant to K.S.A. 60-241(a)(l). Sumner contends the “two dismissal rule” contained in that statute is not applicable to the facts here. We agree and accordingly reverse the trial court’s dismissal.

The facts essential to the issue on appeal are not disputed. Plaintiff filed this action on January 19, 1993, for the recovery of money and replevin of certain computer software.…