Koscot Interplanetary, Inc. v. Zurich Insurance Co.

The trial court’s “Order Granting Third Party Defendant’s Motion to Dismiss”, signed on June 27,1990, finds that “... the court file does contain ...” the letter that appellant’s counsel represented that he had sent to the trial court to remind the trial judge about setting the case for trial dur*319ing the fall of 1989. Despite noting the presence of the said letter, dated September 12, 1989, the trial court’s order dismissing the cause specifically finds that the said letter does not “... qualify as a pleading that would represent file activity ...” which would serve to toll the running of the…