Read the following excerpt from a US court opinion:
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lack of subject matter jurisdiction. Thereafter, the federal court granted Al-Challah's request and signed Al-Challah's proposed order dismissing her federal claims with prejudice and dismissing her state law elaims without prejudice. A complaint that is voluntarily dismissed is treated as if it never existed and, thus, cannot toll the statute of limitations. Kohlman, 509 N.E.2d at 232. Because Al-Challah voluntarily dismissed her federal lawsuit, her action did not "fail" within the meaning of the Journey's Account Statute. Therefore, the trial court did not err by finding that the Journey's Account Statute was not applicable by granting Barger's motion to dismiss Al-Challah's complaint as time barred. See, e.g., id.; cf. City of Evansville v. Moore, 563 N.E.2d 113, 115-116 (Ind.1990) . For the foregoing reasons, we affirm the
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the running of the statute of limitations is an affirmative defense
B. holding that defendants failure to assert the defense in any pretrial motions did not waive defendants limitations defense because the assertion of a limitations defense in the answer preserved defendants right to raise the defense both during the first trial and before the second
C. holding that plaintiffs were entitled to vacate final order of dismissal as void when they did not receive the motion for dismissal or notice of the hearing on the order until after the dismissal was entered
D. holding that where plaintiffs claims are timely on the face of the allegations of the complaint a court should strike the affirmative defense of statute of limitations
E. holding that the plaintiffs voluntary dismissal did not bar the application of the journeys account statute where the dismissal was not unilateral but merely occurred as a professional courtesy in compliance with the defendants request and assurance that he would waive any affirmative defense under the statute of limitations
Reply with [A, B, C, D, E] only.