Robinson v. Gardner

GEER, Judge.

This appeal arises from a traffic accident. Plaintiffs Brenda and Cory Robinson twice filed lawsuits and then voluntarily dismissed them without prejudice pursuant to Rule 41(a) of the Rules of Civil Procedure. When they filed suit a third time, defendants filed a motion to dismiss pursuant to the “two-dismissal” principle of Rule 41(a)(1). In response, the Robinsons moved, pursuant to Rule 60(b) of the Rules of Civil Procedure, to set aside one of the earlier voluntary dismissals. The trial court entered two orders with the first granting the Robinsons’ motion to set aside the…