North American Van Lines v. Hutton

Smith, Judge.

On April 20, 1976, appellee filed a complaint alleging that appellant’s negligent delivery of appellee’s furniture and household goods had damaged him. Appellant moved to dismiss, claiming as res judicata the default judgment and dismissal entered against appellee on August 8, 1975 for want of prosecution and for wilful failure to appear for deposition. Appellant filed this interlocutory appeal from a denial of that motion. Also presented for consideration are appellee’s motion to strike part of the record and his motion to dismiss the appeal for appellant’s failure to transmit…