South Main Bank v. Wittig

OPINION

AMIDEI, Justice.

South Main Bank seeks a writ of mandamus directing the respondent, the Honorable Don Wittig, to set aside his order of January 23, 1995 reinstating the case after dismissal for want of prosecution. We conditionally grant the writ.

On December 19, 1994, the case styled Baxter & Swinford, Inc. v. South Main Bank and Ashland Investment Company, was dismissed for want of prosecution. The case was dismissed after a jury verdict was rendered, but before entry of final judgment. On December 27, 1994, Baxter & Swinford, Inc. filed a motion to reinstate and enter judgment. This…