Hill v. Bingham

Opinion

KLEIN, P. J.

Defendant and appellant Duke Bingham, Jr. (Bingham), appeals from a judgment in favor of plaintiff and respondent Joe Hill (Hill).

The trial court erred in granting Hill’s motion for reconsideration because Hill’s failure to act diligently to bring the action to trial within five years precludes him from benefiting from any exceptions which otherwise would have afforded relief from dismissal. Because the statutory period had run, the trial court was without jurisdiction thereafter to try the case. The judgment therefore is reversed.

Factual and Procedural Background

On…