Khatib v. Frenn

A single issue is presented on this appeal. It is whether the trial court abused its discretion when it conditionally vacated its original order dismissing the plaintiff’s action, the condition being that the plaintiff first pay costs of $347.91.

On November 7, 1967, the adjourned date for the trial of this matter, the plaintiff and his attorney failed to appear. Thereupon, defendant by his attorney moved for dismissal of the action. That motion was granted and entered in January of 1968. About five weeks after the order of dismissal was entered, plaintiff received notice of this dismissal.…