Madeira Management, Inc. v. Chapman Realty Corp.

SCHEB, Acting Chief Judge.

Madeira Management, Inc., plaintiff below, seeks reversal of the trial court’s dismissal of its case for lack of prosecution. We reverse.

A visiting circuit judge, the Honorable John A.H. Murphree, originally heard this case on August 6, 1979. After trial the judge took the case under advisement. On September 15, 1981, Madeira filed a motion for retrial, alleging that the trial judge had not only failed to enter final judgment but was not prepared to make a ruling. Judge Allen C. Anderson heard Madeira’s motion and treated it as a motion for a new trial. On January 4,…