Borror v. Ohio Casualty Insurance

HOOD, Chief Judge.

Following an automobile accident a complaint was filed by Kissinger against Borror and Yost. They answered and Borror filed a third-party complaint against The Ohio Casualty Insurance Company. The third-party complaint was severed from the main complaint which went to trial, resulting in a judgment for Kissinger against Borror and Yost for $5,000. On appeal we affirmed the judgment on August 1, 1961.1 For eighteen months thereafter no steps were taken to prosecute the third-party complaint, and the third-party defendant, on February 20, 1963, moved for dismissal for failure…