Fritz v. Sroczyk

I am of the opinion that the majority erred in three respects, namely: 1. In concluding that the one year abatement period ran during the time that this cause was by order of court under a continuance. 2. In determining that the trial judge could not enter the questioned nunc pro tunc order. 3. In determining that there was no action in this cause when in fact an associate counsel for plaintiff did file an appearance and when the delay in setting the cause for trial was due to a misunderstanding concerning some instruction given the judge’s secretary by Appellant's counsel.

The facts are…