Professional Adjustment Bureau, Inc. v. Strong

Darrell Hickman, Justice.

The only issue on appeal is whether the trial court was wrong in dismissing the appellant’s case with prejudice when the appellant and appellant’s attorney failed to appear for trial. We find that in this case the court should not have dismissed the case with prejudice.

The appellant, a collection agency, filed suit to collect an $823.00 debt the appellee owed to Sisco Chapel, Inc. The case was set for trial March 31, 1980. When the case was called and the appellant did not answer, the court ordered the bailiff to call the appellant and its attorney three times, all to…