Passio v. Crowell

This is an appeal by the plaintiff below from an order denying his motion to vacate an order of dismissal of the cause for want of prosecution.

Appellant filed an action for damages in the circuit court on March 16, 1965. The cause was progressed, by motions, orders and amendments, to August 5, 1965. The pleading filed on that date was a notice of hearing on a pending motion to dismiss a second amended complaint for failure to state a cause of action. Thereafter, for more than a year, until September 7, 1966, there was no “action taken by filing of pleadings, order of court, or otherwise.”

Prior…