Paul H. Tucker Jr. and Andrew Raybon Tucker v. Rosemary Sullivant

Summary

The court held that filing an amended complaint under the docket number of a previously nonsuited action, together with timely service, commenced a new action for purposes of the savings statute. Because the filing occurred within one year after the nonsuit and satisfied the applicable commencement and service requirements, dismissal was erroneous. WILLS, J., and HANNAH, C.J., dissenting, would have treated the amended complaint as a nullity because the nonsuit terminated the original action and left no complaint subject to amendment.