K. H. Choy v. Butler's, Inc., a Corporation and Clifford Marks

The sole question presented is whether or not the district court abused its discretion in entering a conditional order of dismissal after hearing from both parties in open court upon a call of the calendar. Appellant agreed to the entry of the order which he now attacks on this appeal. For a period of ninety days he could have restored his case to activity by certifying he was ready for trial. If he was not ready, he could have, before the ninety day period expired, regularly and properly moved for an extension of time. He did neither, but allowed the ninety days to elapse. Through his own…