Fund Insurance Companies v. Preskitt

McCAIN, Judge.

In these consolidated appeals, appellants challenge dismissal of their actions for failure to prosecute and denial of their petitions for reinstatement.

In case number 2315, appellant’s penultimate pleading was filed on January 30, 1967. Appellee filed his on January 31, 1967, i. e., affidavit controverting motion for summary judgment. On January 30, 1968, appellant served by mail an amended motion for summary judgment and notice of hearing; however, these were not filed until February 1, 1968. On January 31, 1968, appellee filed his motion to dismiss for failure to prosecute…