McKay v. Boyer Ford Trucks, Inc.

OPINION

CRIPPEN, Judge.

This appeal questions the trial court’s decision to dismiss appellant’s suit with prejudice, pursuant to the April 1985 order of the chief judge of the Fourth Judicial District. We reverse and remand for further trial proceedings.

FACTS

Appellant, Daxrell T. McKay, brought an action for breach of warranty against respondents, Boyer Ford Trucks, Inc., Ford Motor Company and Ford Motor Credit Company, relating to an allegedly defective truck. His attorney served the summons and complaint on November 15, 1983.

The case was dismissed pursuant to the April 10, 1985 order of the…