Robinson v. Hiles

This is an appeal by defendant, Albert Edward Hiles, from an order of the trial court vacating and setting aside a dismissal with prejudice and restoring the cause to the calendar for trial. Plaintiff’s motion for such order was filed some two months and four days after the aforesaid dismissal with prejudice was filed.

Upon the hearing of said motion, the only facts presented were those contained in the affidavits of plaintiff, Nell S. Robinson, and of Charles S. Litwin, one of the attorneys for defendant. Epitomizing the factual situation as presented in the aforesaid affidavits, it appears…