National Instrument Co. v. Hortigro, Inc.

OPINION OF THE COURT

Harold Fertig, J.

The court on its own motion declares a mistrial after selection of the jury and directs the clerk of the court to set the matter down for arbitration and to place same on the arbitration calendar.

This case came before the court and the selection of the jury was commenced on December 5, 1983, and the following day the selection was completed and the jury sworn. No opening statements were made nor has a witness been sworn. Originally the court had before it a “dummy file,” which contained none of the original papers filed. The original file was still at the…