Carver v. Cranford

Jordan, Presiding Judge.

Carver, the plaintiff in the lower court in a negligence action, appeals from an order of that court, on motion of the defendants, dismissing his action with prejudice for failure to prosecute and a subsequent order denying his motion to set aside the previous order.

The trial judge’s findings of fact in the order of dismissal recites that at a pre-trial conference on December 19, 1969, it was agreed between counsel, with the approval of the court, to try the case during the first week of February, 1970, and that the Clerk of Spalding Superior Court mailed counsel a…