The case can be refiled since the case was dismissed w/o prejudice.
Correct.
it appears the statute of limitations has tolled.
Not correct, for two reasons. First, if a S.O.L. is "tolled," that means it is NOT running -- rather, it is "suspended." For example, a S.O.L. is "tolled" if the person seeking to sue is a minor until the person reached the age of majority -- in other words, the S.O.L. does nt begin to "run" until the minor reaches 18, or whatever. "Tolling" stops the "running" of the S.O.L.
Second, there is a separate S.O.L. for situations such as the above. Missouri Revised Statute section 516.230:
"If any action shall have been commenced within the times respectively prescribed in sections 516.010 to 516.370, and the plaintiff therein suffer a nonsuit, or, after a verdict for him, the judgment be arrested, or, after a judgment for him, the same be reversed on appeal or error, such plaintiff may commence a new action from time to time, within one year after such nonsuit suffered or such judgment arrested or reversed; and if the cause of action survive or descend to his heirs, or survive to his executors or administrators, they may, in like manner, commence a new action within the time herein allowed to such plaintiff, or, if no executor or administrator be qualified, then within one year after letters testamentary or of administration shall have been granted to him."
So, the OP would have until 9/21/05 to refile the suit -- assuming that the original suit was filed within the S.O.L. originally.
