Elegele v. Halbert

SHARP, W., J.

Joseph Elegele, the plaintiff in a legal malpractice action, appeals an order which dismissed his lawsuit for lack of prosecution. Elegele contends he never received notice of the hearing on the motion to dismiss and there was sufficient activity to *1273preclude dismissal. Because the record does not refute Elegele’s claim regarding notice, we would ordinarily remand for a new hearing. However, the record also establishes good cause to have precluded dismissal and so we reverse the order below outright.

The record establishes that Elegele hired attorney Stanley Halbert to represent…