Holt v. Ayers

Reece, Judge.

Appellant James Holt appeals the decision of the Akron Municipal Court dismissing his case for failure to prosecute. We reverse.

On January 24, 1997, appellant James Holt filed a complaint against appellees Luther Ayers and Michael Kinch in the Akron Municipal Court. Ayers filed a counterclaim with the court on February 12, 1997. On June 4, 1997, Holt amended his complaint, adding Sean Kinch as a defendant. The matter was set for trial on August 26, 1997. When neither Holt nor his attorney appeared in court on that date, Michael Kinch’s attorney moved the trial court to dismiss…