Bon Homme Richard Restaurants, Inc. v. Three Rivers Bank & Trust Co.

I respectfully dissent. I perceive no valid reason for refusing to permit a second action if the statute of limitations has not expired and the costs have been paid in the earlier action which was dismissed for inactivity. Cf. Thompson v. Cortese, 41 Pa. Commonwealth Ct. 174, 182, 398 A.2d 1079, 1082 (1979).

Pa.R.J.A. 1901, pursuant to which Allegheny County Rule 229(e) was adopted, is an administrative, house-keeping rule intended to eliminate stale cases from the judicial system where the parties have failed to proceed. The rule was not intended to achieve a substantive disposition of cases…