Grier v. Rowland

Appellants’ civil action was dismissed ex parte for failure to comply with an order requiring discovery of documents and records. This discovery order had been entered thirteen days earlier, also ex parte, and in derogation of the notice requirements of the Superior Court Civil Rules. Upon learning of the dismissal, appellants filed a Motion to Reinstate the action, asserting as grounds that due process was denied them by the lack of any notice of, or an opportunity to be heard in opposition to, the Motion to Compel Discovery. The Motion to Reinstate was denied and this timely appeal…