Roberson v. Thomas

Plaintiffs failed to appear in the common pleas court on the scheduled trial date, whereupon an order was entered dismissing this case with prejudice. Thereafter the judge who entered the order set it aside sua sponte and, following a hearing, adhered to his decision to set aside the dismissal order and granted plaintiffs’ motion for a voluntary nonsuit declaring it would be a dismissal without prejudice. An order was then entered dismissing plaintiffs’ cause without prejudice. There was then pending in the circuit court another action instituted by the plaintiffs against the defendants…