Fritz v. Sroczyk

WIGGINTON, Chief Judge.

Defendant in the trial court has appealed a final judgment entered upon a jury verdict rendered in favor of the plaintiff. The sole point presented for our decision is whether the trial court erred in denying defendant’s motion to dismiss the action for failure of plaintiff to prosecute within a period of one year during the pendency of the cause in the trial court.

It affirmatively appears from the record on appeal that after this suit was instituted no action was taken by the filing of pleadings, order of court, or otherwise in the prosecution of the cause during the…