Berks v. Fine

OPINION

NIERENGARTEN, Judge.

David Berks appeals the dismissal of his action with prejudice, and the denial of his motion to vacate the dismissal. We reverse.

FACTS

David Berks sued Gerald Fine for alleged legal malpractice occurring in 1976. The pleadings were filed in September of 1982. Interrogatories were later served by Fine. In March 1985, Berks’ attorney withdrew and Berks continued pro se.

Berks’ deposition was taken by Fine in May of 1986 and in October of 1986, Fine moved for summary judgment. In April 1986 the court continued the summary judgment motion to June 28,1986, at which time…