Wood v. Zeigler Building Materials, Inc.

ROBERTSON, Judge.

Jim Wood, appellant-plaintiff, appeals the trial courts dismissal of his small claims action for damages of $750.00 against Zeig-ler Building Materials, Inc., defendant-ap-pellee. The dismissal was granted, on Zeig-ler’s motion, on the grounds that Wood had failed to petition to have the case reopened within one year after it was originally dismissed.

We reverse and remand.

On November 11, 1979, Wood filed his original claim for damages, $750.00, against Zeigler in small claims court. A hearing was held on December 3, 1979, and the plaintiff presented evidence.

At the…