Swedien v. Hadley School for the Blind

Plaintiff, Bruce Swedien, appeals the denial of his motion to vacate an order to dismiss his complaint against defendant, Hadley School for the Blind. He contends that: (1) dismissal of his complaint was an improper sanction for his failure to file a pleading within the time limit prescribed by the trial court; and (2) the trial court abused its discretion when it denied his motion to vacate and for leave to file an amended pleading. We reverse and remand.

On June 21, 1976, plaintiff brought suit against defendant seeking payment on a contract for the sale and installment of a sound system. He…