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 In Marshall v. Kansas City Southern Railways Company, 7 So.3d 210, 213-214 (Miss.2009), the Court addressed whether a voluntary dismissal of a complaint had any effect on the tolling of the statute of limitations. The court found that it did not toll the limitations period. Id. at 213-14. In Marshall, the Court stated: This Court previously has held that a voluntary dismissal without prejudice: [D]oes not deprive the defendant of any defense he may be entitled to make to the new suit, nor confer any new right or advantage on the complainant (plaintiff), and hence it will not have the effect of excepting from the period prescribed by the statute of limitations, the time during which that suit was pending. Smith v. Copiah County, 232 Miss. 838, 100 So.2d 614, 616 (1958) (quoting W.T. Raleigh Co. v. Barnes, 143 Miss. 597, 109 So. 8, 9 (1926) (quoting Nevitt v. Bacon, 32 Miss. 212, 228 (1856) (emphasis added))). Id. In other words, when a party chooses voluntarily to dismiss an action, the party receives no tolling benefit. 


'Ordinarily, when a complaint is filed and properly served, that complaint tolls the running of the ...

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