Equitable Coal Sales, Inc. v. Duncan Machinery Movers, Inc.

PAXTON, Judge.

Equitable Coal Sales, Inc., and Francis Construction Co., Inc., appeal from a summary judgment of the Breathitt Circuit Court granted in favor of Duncan Machinery Movers, Inc.

Duncan filed suit against Equitable and Francis on a debt. On March 9, 1982, more than two years after the suit was filed, the circuit clerk notified all parties to the suit that it was to be considered on April 13, 1982 for dismissal on account of Duncan’s failure to prosecute. On April 6,1982, Duncan responded to the clerk’s notice and also filed a motion for summary judgment. The date for hearing on the…