Ball v. Shannon

PREWITT, Presiding Judge.

Pursuant to Defendant’s motion to dismiss, the trial court entered judgment in favor of Defendant. Plaintiffs appeal, telling us in their brief that: “The simple issue here is: Did the trial court have a right to dismiss Plaintiffs’ action for violation of a statute of limitations?” We conclude that the answer is, yes.

Plaintiffs’ action is based on the failure of Defendant to pay a promissory note, dated February 13, 1983. In March, 1991, an action on the same promissory note was brought by Plaintiffs. On November 15, 1995, that action was “dismissed for failure to…