Ritter v. Aetna Casualty & Surety Co.

MAUS, Judge.

This is an action to recover on a fire insurance contract. On the defendant’s motion, the circuit court ordered the petition dismissed without prejudice for failure to prosecute. Appellants’ motion to reinstate was overruled. Their appeal has been taken from the order dismissing the petition without prejudice.

Appellants’ sole point on appeal is that the trial court erred in granting the motion to dismiss because plaintiffs did not receive adequate notice in compliance with Rule 44.01(d). However, consideration of this point is obviated by the jurisdictional issue.

Before…