Shiver v. O'Brien

*153OPINION OF THE COURT

This is an appeal from an order dismissing Plaintiffs (Appellant) complaint with prejudice and from an award of attorney’s fees to Defendant (Appellee).

We reverse for the reasons hereinafter set forth.

Plaintiff filed a complaint for replevin, and other relief and damages, and at the same time had issued an order to show cause why the property described in the complaint should not be taken from Defendant’s possession during the pendency of the suit. The order had a hearing date contained therein.

Defendant filed a motion for continuance together with an agreed order for the…