Kuhlman v. Travelers Indemnity Co.

PEARSON, Judge.

This appeal is by the plaintiffs from an order dismissing their cause when their attorney failed to be present at the time of the call of the trial calendar, and from a subsequent order denying plaintiffs’ motion to reinstate the cause. We hold that the trial court abused its discretion in failing to reinstate the cause when it was established without controversy that the attorney’s failure to respond to the call was through misunderstanding and inadvertence rather than neglect or failure to prosecute the case. The pretrial activity proceeded normally with the trial court…