Stern v. Home Depot

KLEIN, Judge.

Plaintiff appeals a dismissal for lack of prosecution, arguing that it was unnecessary for him to take any action during the one year which passed after the case was not reached on a trial docket. We affirm.

*914Plaintiff was injured in 1986 and filed suit in 1988. After the case was set for trial in March 1990, plaintiff obtained an order of continuance which stated that the matter would be reset on motion of either party. In May 1991 the trial court, sua sponte, set the case for its July 8, 1991 docket, but the case was removed from that docket pursuant to a motion filed by…