Brown v. Triple "D" Drilling Co.

The opinion of the court was delivered by

Fromme, J.:

The ultimate question we are called upon to decide is whether Larry W. Brown should have been permitted to have his action against K. N.-Fitzpatrick reinstated almost two years and four months after it was ordered dismissed without prejudice for lack of prosecution. The order reinstating the action was made ex parte and without the defendant Fitzpatrick having an opportunity to oppose the reinstatement.

A motion to set aside the ex parte order was filed and argued but the trial judge refused to set aside his order of reinstatement. He…