Stringer v. Kaytes

CERCONE, President Judge:

This is an appeal from the order of the court below vacating an earlier order which had dismissed plaintiff-ap-pellee’s action with prejudice for failure to prosecute, and reinstating the action. For the reasons which follow, we reverse and remand.

The pertinent events giving rise to this appeal may be summarized as follows. On February 2, 1973, plaintiff commenced an action in trespass by issuance of a summons. Plaintiff’s complaint was subsequently filed on March 9, 1973. The last activity on the docket prior to dismissal of the action was on December 17, 1973, when…