Jonquil City Contractors, Inc. v. Augustine

Banke, Presiding Judge.

The trial court granted a motion by the appellees to strike the appellants’ answer based on the appellants’ failure to appear at a calendar call. The appellants thereafter moved to set aside this order; however, because they also failed to appear at the hearing scheduled on that motion, it was denied. The appellants then filed a second motion to set aside the order striking their answer. That motion was also denied, and this direct appeal followed. Held:

It is clear from the record that no final judgment has ever been entered in this case. Indeed, it appears that at the…