E. Clemens Horst Co. v. Federal Mutual Liability Insurance

GRAY, J., pro tem.

After an extended hearing of defendant’s motion to dismiss the action, under section 583 of the Code of Civil Procedure for failure to bring it to trial within five years after its commencement, the court, according to the entry in its minutes, ordered that the cause be dismissed. The next day, the court, upon its presentation by defendant, without notice to plaintiff, signed a formal judgment, which ordered that the action be dismissed with prejudice. On the following day this judgment was entered and notice thereof given by defendant to plaintiff. Approximately ten months…