Tollett v. Wilson (Majority)
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In this election action, the Supreme Court affirmed as modified the decision of the circuit court dismissing David Tollett's complaint in intervention with prejudice, holding that the circuit court did not clearly err in dismissing Tollett's complaint in invention because of his failure to comply with the rules of civil procedure.
Lisa Ramey filed an amended complaint for the issuance of a writ of mandamus, declaratory judgment, and injunctive relief alleging that Jimmie Wilson filed to be the Democrat Party's candidate for state representative but was ineligible to serve as a member of the General Assembly. Tollett filed a motion to intervene, along with a proposed complaint in intervention. The circuit court dismissed Ramey's amended complaint for a lack of standing. The court also dismissed Tollett's complaint due to his failure to serve Wilson with either his motion to intervene or his proposed complaint in intervention. The Supreme Court affirmed as modified, holding that dismissal was warranted but that the circuit court's decision should be modified to a dismissal without prejudice.
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