Marshall v. Burger King

ISHEE, J.,

for the Court.

¶ 1. This appeal arises from an order entered by the Warren County Circuit Court denying Richard Marshall’s motion to reinstate his case against Burger King, Sydran, and the Worley Companies (collectively, Burger King). The trial court had previously dismissed Marshall’s case without prejudice based on his failure to respond to certain discovery requests propounded by Burger King. Aggrieved, Marshall appeals assigning two issues for review:

I. Whether the trial court abused its discretion by ordering Marshall’s case to be dismissed without prejudice for failing to…