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ASHBY v. HARRIS

Nos. 75370, 75754.

918 P.2d 744 (1996)

James R. ASHBY, individually and as surviving spouse of Georgia I. Ashby, Deceased; and Amy Kerr, Administratrix of the Estate of Georgia I. Ashby, Appellants, v. Curtis E. HARRIS, Jr., M.D., individually; Jack E. Metcalf, M.D., individually; and Jack E. Metcalf, M.D., Inc., Appellees.

Supreme Court of Oklahoma.

June 4, 1996.

Attorney(s) appearing for the Case

Ben T. Lampkin, Larry A. Tawwater, Jo L. Slama, Lampkin, McCaffrey & Tawwater, Oklahoma City, for Appellants.

Calvin Hendrickson, Inona J. Harness, Pierce, Couch, Hendrickson, Johnson & Baysinger, Oklahoma City, for Appellees.

ALMA WILSON, Chief Justice:

Although the appellants raise several issues as error in this case, one issue raised in the counter appeal of the appellees is dispositive, and that is whether 12 O.S.1991, § 1001 permits multiple refilings of an action. We hold that it does not. Given this result, we also address the issue of costs.

These facts are uncontested. A medical malpractice action...

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