Supreme Court of Missouri / Apr 3, 2018
State ex rel. Dr. Patrick Goldsworthy, Dr. Aston Goldsworthy, Dr. Patrick Goldsworthy D.C., P.C., Relators, vs. The Honorable James F. Kanatzar, Respondent.
Relators, Dr. Patrick Goldsworthy, Dr. Aston Goldsworthy, and Patrick Goldsworthy D.C., P.C., sought a writ of prohibition to dismiss a wrongful death suit as time-barred. The plaintiffs had filed a third action after two previous nonsuits, attempting to utilize the savings provision of section 537.100. The Missouri Supreme Court made the preliminary writ of prohibition permanent, holding that the savings provision allows only one one-year refiling period following the nonsuit of an action originally filed within the statute of limitations, not successive refiling periods.