Horobec v. Mueller

SNYDER, Judge.

The plaintiff-appellant in a contract and fraud action in St. Charles County appeals from the trial court’s dismissal of the action with prejudice and the trial court’s refusal to reinstate the case upon appellant’s motion. The trial court dismissed the case for failure to prosecute. The judgment is reversed and the cause remanded.

The trial court dismissed appellant’s action at approximately 9:25 a. m. on February 9, 1981 after appellant and appellant’s counsel failed to appear for a 9:00 a. m. docket call. The case was third on the docket. It was the first trial setting.

Appellan…