Smith v. Rheaume

COBB, Judge.

The issue presented by this appeal is the validity of the trial court’s action in dismissing with prejudice the appellant’s complaint on the basis that it was not filed with the court in a timely manner and was thus barred.

On July 16, 1992, a default order was entered by the clerk in the action by Smith ■ against Rheaume for failure to serve or file any papers. On July 23,1992, Rheaume filed a letter with the trial judge which the latter apparently treated as a “pro se pleading” and as a motion to set aside the default. The trial judge set aside the order of default, and also…