Shuler v. Crook

Harwell, Justice:

At a hearing on a motion to restore a case to the active roster, the circuit court ordered that the case be restored only upon payment by appellant of the costs and attorney fees which respondent had incurred as a result of this litigation. Appellants appealed the circuit court’s order. We affirm in part; reverse in part; and remand.

The case involved in this appeal was originally docketed in the court of common pleas on June 23, 1982. Discovery was undertaken and substantially completed by the attorneys. By order dated March 21, 1983, the case was transferred to the non-jury…