HORTON, J.
The plaintiffs, Edward F. and Edith Record Jenks, appeal the Superior Court's (Smith, J.) decision to grant the defendants', Gerard Menard, Jr., Margaret Menard, and Deborah S. Olsen, motion for judgment on the pleadings and motion to dismiss the plaintiffs' refiled writ. They contend the dismissal of their first writ was not a judgment on the merits, and, therefore, pursuant to RSA 508:10 (1997), they could refile their original writ as a new action...
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