Jasper v. Schweppe

By Judge J. Howe Brown

This matter is before the Court on defendant’s Motion to Dismiss due to the expiration of the applicable statute of limitations. The Motion for Judgment alleges an injury which occurred on or about November 10, 1988, and was originally filed on October 18, 1990, within the two year statute of limitations. A voluntary nonsuit was taken by order entered on April 8, 1991. On October 9, 1991, the Motion for Judgment was refiled.

When an action is voluntarily nonsuited, the plaintiff may recommence his action within six months from the date of the order entered by the Court.…