Gilbert v. Huber, Hunt & Nichols, Inc.

Plaintiff filed suit for personal injuries on April 7, 1978. In response to defendants’ motion for dismissal the trial court dismissed the cause on February 19, 1982, for want of prosecution. Twenty-five days later, on March 16, 1982, plaintiff filed a motion to reinstate the case. The motion was denied following a hearing on April 30, 1982. Thereafter plaintiff made a cash deposit in lieu of an appeal bond to perfect his appeal on May 17, 1982, eighty-eight days after the order of dismissal was signed. The court of appeals dismissed the appeal for want of jurisdiction holding plaintiff had…