Ward v. Swartz

Bernes, Judge.

Sandora S. Ward commenced this negligence action against Kimberly S. Swartz seeking to recover damages incurred in a motor vehicle accident. Many years later, Swartz moved to dismiss the action for want of prosecution, and the trial court granted the motion. On appeal, Ward contends that: (1) the trial judge who granted the motion to dismiss was not authorized to do so because he was not the judge assigned to the case; (2) the trial court erred in granting the motion because Swartz was in default at the time and thus was not entitled to file the motion to dismiss; and (3) the…