BEN NUCKOLLS FINANCE COMPANY v. Grubbs

Pannell, Judge.

Ben Nuckolls Finance Company brought an action against James C. Grubbs upon an indebtedness evidenced by a contract in writing. Because of the failure of the complainant to attend a pre-trial hearing pursuant to an order, and for failure of plaintiff to be present to prosecute the action when called for trial, the trial judge, on motion of defendant, dismissed the complaint for lack of prosecution, the order reciting that it was dismissed with prejudice. The Finance Company subsequently renewed the complaint on the same cause of action. Among other defenses to this latter…