Triangle Pacific Philadelphia Corp. v. Trident Enterprises, Inc.

VAN der VOORT, Judge:

The question on this appeal is whether the trial court abused its discretion in proceeding to trial in this assumpsit action in the absence of defendant or its counsel.

We believe there was an abuse of discretion in this case, and we reverse and remand for a new trial.

Most of the pertinent facts are not disputed. The case had originally been submitted to arbitrators, who found for plaintiff. Defendant appealed. In December, 1975, a “Notice to the Bar” appeared in the Legal Intelligencer informing attorneys that all cases on appeal from arbitration would be assigned for…