CaCoNi Candy & Gum, Inc. v. Curtis Products Co.

Ruffin, Judge.

CaCoNi Candy & Gum, Inc. sued the Curtis Products Company, Inc. in November 1997 for breach of contract. On February 8, 1999, CaCoNi filed a “Notice of Bankruptcy Filing and Automatic Stay,” asserting that an involuntary bankruptcy petition had been filed against Curtis Products in January 1997. On October 18, 1999, the trial court dismissed CaCoNi’s complaint for want of prosecution after CaCoNi failed to appear for trial on September 21, 1999. CaCoNi appeals, asserting that the dismissal violated the automatic stay in Curtis Products’ bankruptcy case. Because CaCoNi failed to…