Knight v. Knight

CARLSON, Presiding Justice,

for the Court:

¶ 1. The issue before us today is whether the statute of limitations is tolled while a case is pending, where that case is dis*833missed without prejudice for want of prosecution. We also are called upon to determine the validity of a local court rule which has never been published or approved by this Court. The trial court dismissed the refiling of this case due to failure to comply with the local rule, and when it was refiled found the statute of limitations to have been tolled. We find the local rule to be error, but also find that the statute of…