Jones Ex Rel. Jones v. Roundtree

QUINN, Associate Judge.

Appellant brought suit in June 1965 to recover damages for personal injuries allegedly resulting from appellee’s negligent operation of a motor vehicle in February 1964. His action was dismissed with prejudice in October 1965 for (1) failing to obey an order of the court directing him to appear for a medical examination,1 and *878(2) failing to appear at trial.2 Subsequent motions to vacate the order of dismissal were denied 3 and he appeals.

The facts of this case are not easily determined. On the one hand, appellant’s counsel, Henry Lincoln Johnson, Jr., contends that his…