Ridgeway v. Asibem, Inc.

LOWENSTEIN, Judge.

The appellant Ridgeway appeals the trial court’s grant of the respondent’s motion to dismiss based on Rule 67.01, which governs a plaintiff’s right to refile after the plaintiff has previously voluntarily dismissed the petition.

On February 11, 1988, Ridgeway filed a petition on account in Jackson County Circuit Court at Kansas City. (First filing.) The respondents filed a motion to dismiss based on improper venue. Even though venue appears to have been improper, the trial court overruled the motion. Appellant then voluntarily dismissed the cause without prejudice April 18,…