Roman Torino v. Texaco, Inc

OPINION OF THE COURT STALEY, Chief Judge.

This is an appeal from a dismissal for want of prosecution of a seaman’s civil action. The dismissal was prompted by the failure of the plaintiff-appellant, Roman Torino, to appear at his trial. Despite the fact that Torino’s counsel was prepared to try the case, the district court on its own motion dismissed the case. The precise question before us is whether an action may be dismissed for want of prosecution where counsel is ready to proceed in the absence of his client. We hold that, under the particular circumstances present here, a dismissal was…