Swartzel v. Garner

Carley, Chief Judge.

On October 29, 1982, appellant-plaintiffs and appellee-defendant were involved in a vehicular collision. On August 1, 1984, appellants filed suit against appellee. The case was called for trial on May 4, 1987. After a request for continuance was denied, appellants’ counsel apparently stated his intention to dismiss the case without prejudice. However, no written notice of dismissal was ever filed by appellants. On November 19, 1987, the trial court ordered that the case be dismissed without prejudice nunc pro tunc, because appellants’ attorney had orally dismissed the case…