CERTIORARI TO THE OKLAHOMA COURT OF CIVIL APPEALS DIVISION
K. Roberts, Norman, Oklahoma, for Plaintiff/Appellant.
Karpe and Tayler Lane, Angela D. Ailles & Associates,
Oklahoma City, OK, for Defendant/Appellee.
Judges: COMBS, J. Gurich, C.J., Darby,
V.C.J., Kauger, Winchester, Edmondson, Colbert and Combs,
[¶0] The plaintiff, Amanda Cole, was injured
in an automobile accident and sued the defendant, Samantha
Josey. Plaintiff failed to serve process on the defendant
within 180 days. The trial court dismissed the suit without
prejudice. The plaintiff then refiled her petition within one
year of the date of the order dismissing her case. The trial
court dismissed her suit for failure to refile within one
year of the 181st day following the filing of her original
petition. Plaintiff appealed this decision. The Oklahoma
Court of Civil Appeals affirmed the trial court. We granted
certiorari and now reverse the trial court's decision and
remand the matter to the trial court for further proceedings
consistent with this opinion.
I. FACTS AND PROCEDURAL HISTORY
[¶1] This negligence cause of action
pertains to injuries and damages caused by the Appellee,
Samantha Josey, against the Appellant, Amanda Cole, in an
automobile accident. The accident occurred on May 15, 2013,
and Cole filed her petition on April 29, 2015, in Cleveland
County, Oklahoma, Case No. CJ-2015-508. On October 26, 2015,
180 days had passed since the petition was filed and no
summons was recorded as issued and no service was
accomplished. On November 16, 2015, Josey appeared specially
and filed a motion to dismiss for lack of service within 180
days of filing the petition as required by " 12 O.S. §
2004 (I)."  The trial court granted
the motion and dismissed the first cause of action without
prejudice on January 4, 2016. On January 3, 2017, Cole
refiled her petition in McClain County, Oklahoma, Case No.
CJ-2017-1. Josey filed another special appearance and again
moved to dismiss the petition on July 14, 2017. She asserted
the first petition was deemed dismissed on the 181st day,
October 27, 2015, and Cole did not refile her petition within
one year of that date pursuant to the " savings
statute," 12 O.S. 2011, § 100. The district court agreed
with Josey and granted her motion to dismiss by an order
filed November 9, 2017. It determined, Cole's petition in
the Cleveland County case was deemed dismissed on October 27,
2015, and was not refiled within one year of its dismissal in
accordance with " 12 O.S. § 100." Therefore, the
McClain County petition, filed January 3, 2017, was untimely.
[¶2] On December 8, 2017, Cole filed a
petition in error with this Court. The case was assigned to
the Oklahoma Court of Civil Appeals, Div. II. The appellate
court affirmed the district court ruling on September 7,
2018. Cole filed a petition for rehearing which was denied.
She then filed a petition for certiorari with this Court
which was granted on April 1, 2019 and assigned to this
office on the same day.