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American Insurance Company vs. United Lines Company, et al

AMERICAN INSURANCE COMPANY, plaintiff-appellant, vs. UNITED STATES LINES COMPANY, LUZON STEVEDORING CORPORATION, and PHILIPPINE STEAM NAVIGATION COMPANY, defendants-appellees.

G.R. No. L-40247 | 1975-03-25

D E C I S I O N

TEEHANKEE, J:

The Court sets aside the appealed order dismissing petitioner's third complaint, since the dismissals for failure to prosecute of two previous complaints filed by petitioner could not operate as dismissals with prejudice as they had been made expressly without prejudice. Said two earlier dismissal orders granting petitioner the right to file its third complaint have long become final and the law of the case and are now beyond the jurisdiction or power of the lower court nor of this Court to modify or set aside.

This case is for recovery of a sum of money representing the value of losses sustained by a...