Edgin v. Blasi

OPINION

FENDER, Chief Justice.

This is an appeal from a Summary Judgment granted to the defendant in a suit for Bill of Review.

We reverse and remand.

Bill Edgin, appellant, filed a personal injury action against appellees on February 13, 1981. Seventeen months later, on July 30, 1982, the District Court dismissed the cause for want of prosecution. Appellant filed a Bill of Review on January 25, 1984 to reinstate the cause. Appellant contended that he did not receive notice of the dismissal due to the District Clerk’s failure to mail it.

A hearing was held on the Bill of Review on May 18, 1984.…