State ex rel. Missouri Highway & Transportation Commission v. Boise Cascade Corp.

CRIST, Judge.

Defendant, Helen M. Jackson, appeals from the denial of her motion to set aside the dismissal of her exceptions in a condemnation suit. We affirm.

Defendant’s exceptions were dismissed with prejudice on July 20,1982 by reason of her attorney’s (Joe B. Carter) failure to appear for trial.

A court has the inherent power to dismiss a case pending before it. Such dismissals are usually left to the sound judicial discretion of the court and its decision to dismiss an action for failure to prosecute with due diligence is presumed correct. The appellant has the burden of showing the…