McIlveen v. Metropolitan Dade County

Plaintiff-appellant seeks review of an order of dismissal for failure to prosecute and an order denying his motion for rehearing.

Plaintiff filed suit for damages as a result of injuries sustained while alighting from an M.T.A. bus. After plaintiff’s counsel was granted several continuances, the cause was convened for the purpose of trial on July 18, 1972 at which time plaintiff’s counsel announced that he was unable to produce the plaintiff for trial or to proceed in the prosecution of the action. He then moved for a continuance which was denied. On July 20, 1972, the trial judge dismissed…