Rath v. Sholty

REYNOLDSON, Justice.

Plaintiff appeals from trial court’s denial of his application to reinstate a case dismissed under rule 215.1, Rules of Civil Procedure. We reverse and remand.

March 13, 1969, plaintiff brought action for $125,000 damages claimed to have resulted from an auto collision which occurred December 1, 1967. On March 25, 1970, plaintiff’s first attorney filed a certificate of readiness. Overruling defendant’s objections to this certificate, the court assigned the case to be tried June 2, 1970. Shortly before trial date, plaintiff’s present counsel was additionally retained. That…