Granted. Judgment of the court of appeal is vacated, and the judgment of the district court denying defendant's motion to dismiss is reinstated. Case remanded to the district court for further proceedings.
CALOGERO, C.J., concurs.
Defendant's filing of a motion to dismiss constituted a step in the defense of the action. See McCandless v. Poston,
KIMBALL, J., would grant...
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