Zerillo v. Dyksterhouse

Plaintiffs’ complaint alleging conversion and defendants’ countercomplaint for specific performance were consolidated for trial. Because plaintiffs’ attorney failed to appear on the date that the trial was scheduled to begin, the court entered orders dismissing plaintiffs’ complaint with prejudice and granting a default judgment to defendants on the countercomplaint. The court also awarded defendants almost $7,000 in mediation sanctions. Plaintiffs now appeal as of right. We reverse and remand for further proceedings.

The trial originally was scheduled to be conducted by Judge Richard M.…