Penn v. Irby

This is an appeal from an adverse ruling on plaintiff-appellant's motion, pursuant to Rule 60 (b), A.R.Civ.P., for relief from the circuit court's order dismissing his case.

Appellant appeared pro se during all of the proceedings below. Trial of the case was reset for April 4, 1985, after several prior settings at which the appellant failed to show. On April 4, 1985, the appellant again failed to appear, and the trial court dismissed the case for lack of prosecution. On May 31, 1985, the circuit court conducted a hearing to consider appellant's 60 (b) motion to set aside the order dismissing…