Horman v. Veverka

The issue presented is whether a court of appeals has jurisdiction to review the decision of a trial court to vacate a dismissal for want of prosecution and to reinstate a case on its docket.

Here it seems clear that the trial judge did not intend his dismissal of August 22, 1984 to be with prejudice. The trial judge had not, as required by Civ. R. 41(B), given notice to plaintiffs’ counsel prior to issuing that order. The order of vacation came within two weeks of the dismissal and specified that the case be reinstated on the court’s docket.

It has long been settled that, during a term of…