Paul H. Tucker Jr. and Andrew Raybon Tucker v. Rosemary Sullivant — Wills, J., Dissenting

Summary

The dissent would reject treating an amended complaint filed after a voluntary nonsuit as a new action under the savings statute. It reasons that a nonsuit in a single-defendant action terminates the case, leaves no complaint to amend, and deprives the trial court of jurisdiction over a later filing in the closed case. Hannah, C.J., dissenting separately, likewise would reverse and dismiss because the amended complaint was a nullity and the majority's approach undermined finality.