Laiben v. Roberts

GRIMM, Chief Judge.

Plaintiffs appeal the denial of their motion to set aside a dismissal. We clarify that the dismissal was without prejudice and dismiss the appeal.

*727I. Background

On May 22, 1992, plaintiffs brought suit against defendant alleging legal malpractice. Attorney J.B. Carter filed the petition.

On June 16, 1992, defendant moved to disqualify Mr. Carter as plaintiffs’ attorney. The motion was argued and the trial court sustained it on November 13, 1992.

On August 31, 1993, defendant filed a motion to dismiss for failure to prosecute. The accompanying notice indicated the motion would…