Armstrong v. Heckman

OPINION

POPOVICH, Chief Judge.

This appeal is from a judgment dismissing appellant’s personal injury claim and an order denying a motion to vacate that dismissal. Appellant claims the trial court abused its discretion because (1) vacation of the dismissal is justified by excusable neglect, and (2) the initial order dismissing his action violated his constitutional rights of due process and equal protection. We reverse.

FACTS

In December 1984, appellant Byron Armstrong sued respondent Joseph Heckman for personal injuries arising from a December 1978 automobile accident. In January 1985, appellant…