Mosley v. Lankford

Hill, Justice.

This is an appeal from an order refusing to grant a petition to set aside the dismissal of a minor’s tort action for want of prosecution.

Plaintiff-appellant Nick Mosley, a minor, was injured in July, 1971, in an accident involving a car and mini-bike on which he was a passenger. He filed suit, with his father acting as next friend, against the driver of the car and her father and the driver of the mini-bike and his father. Prior to the trial of that, issue, in 1974 plaintiff’s attorney withdrew, with appropriate notice to the court, and informed plaintiffs father that he would…