Hosey v. Lowery

Tommie Hosey and Alice Weaver ("the plaintiffs") appeal from the trial court's sua sponte judgment dismissing all claims against Donald Lowery. The judgment was entered without notice or a hearing as a sanction for the failure of the plaintiffs' attorney to attend a hearing on motions that had been rendered moot and that did not involve Lowery.

On May 1, 2002, the plaintiffs sued Lowery, Michael Knott, and Farmco Builders, Inc. ("Farmco"), alleging negligence and wantonness in a multivehicle highway accident. On July 16, 2002, Knott and Farmco, which was Knott's employer, filed an answer.…