Culver v. Allerton

On March 23rd, 1970, plaintiff filed a motion to vacate an order which had been entered on June 5th, 1967, dismissing her complaint for want of prosecution. The trial court denied the motion with a finding that it had no jurisdiction to hear it. Essentially, plaintiff’s appeal urges that the dismissal order was entered without notice, and was therefore void and subject to attack at any time.

The complaint, claiming damages for personal injury, was filed on May 8th, 1962. Thereafter, an answer, an amended complaint, and various motions directed toward the amended complaint were filed. The…