Must 12 O.S. § 100 Refiling be in Same Court?
Case filed and dismissed without prejudice in Oklahoma county. For refiling purposes venue is proper in either Oklahoma or Major counties. Do you see an issue arising from 12 O.S. § 100 if the 2nd filing takes place in a different county than the 1st filing?
Answer: No. See C&C Tile Co., v. Independent School District, 1972 OK 137, 503 P.2d 554: Suit filed in wrong county tolled SOL so refiling was permitted under 12 O.S. § 100.
Posted on Mon, March 16, 2015
by Travis Law Office filed under