George v. Handshakers, Inc.

Stolz, Judge.

George, the plaintiff in the lower court in a contract action, appeals from an order of that court overruling his extraordinary motion for a new trial based upon the *642judge’s dismissal of his action with prejudice for failure to prosecute.

It appears from the record, including the plaintiffs extraordinary motion with supporting affidavits, that the case was on the calendar for April 5,1976; that plaintiffs counsel had his secretary contact the superior court and get him excused from appearing for the April 5 call, due to his father’s illness; that at about 4:00 p.m. on April 6, the…