Hornig v. Martel Lift Systems, Inc.

Martel Lift Systems, Inc., and Crown Equipment Corporation (appellants) appeal the district court’s order vacating a dismissal and reinstating this case in a subsequent court term. Appellees Peter M. Homig and Didi Homig sought reinstatement pursuant to the district court’s equity jurisdiction. The issue to be decided is whether the district court was correct in reinstating the instant case, pursuant to its equity power, after adjournment of the term. We conclude that the facts warrant equitable relief and that therefore, the judgment of the district court is affirmed.

I. BACKGROUND

On August…