Massengale v. Moore

Banke, Presiding Judge.

This is an appeal from an order dismissing for want of prosecution a personal injury action filed against the appellee by the appellants. The dismissal order states that the case was “called for the purpose of considering pending motion of defendant for enforcement of a settlement agreement or, in event that said motion had been denied, for trial on its merits.” The court determined that the case should be dismissed for want of prosecution for the stated reason that, after the defense had “announced its readiness and willingness to proceed,” appellant’s counsel,…