Champion Oil Company v. Herbert

The fulcrum of this appeal is Judge Kala-marides’ order of dismissal of July 17, 1973. If that dismissal was without prejudice, the subsequent dismissal of the refiled suit and denial of the motion for relief under Civil Rule 60(b) should be reversed. If, however, Judge Kalamarides’ dismissal is to be regarded as a dismissal with prejudice, there was no right to refile the suit, and the superior court orders should be affirmed. The difficulty, as I see it, is that Judge Kalamarides’ order was apparently based on dual grounds, one of which would result in the dismissal being with prejudice,…