Scott v. Seabreeze Pools, Inc.

DOWNEY, Judge.

When appellant failed to appear at trial and prosecute his case, the trial court dismissed the case with prejudice and subsequently denied appellant’s Rule 1.540, RCP, motion for relief from said judgment. Error is assigned to both of those judicial actions.

Appellant sued appellee to recover monies owed for goods sold and delivered. The matter had been continued once at the request of appellee and once upon joint stipulation of the parties. Finally, trial of the case was set for the trial period commencing May 29, 1973, and appellant was so notified. Appellant and his counsel…