Mountain States Leasing, Inc. v. El Paso Pipe & Supply Co.

OPINION

OSBORN, Justice.

This case presents the single issue as to whether a collateral attack can be made upon a prior judgment which dismissed a case for want of prosecution “with prejudice.” We have concluded that such an attack can be made, and the judgment of the trial Court must be reversed.

In April 1977, Mountain States Leasing, Inc., filed suit against the seven Defendants seeking to recover damages. On February 8, 1979, the Court entered an Order of Dismissal which recited that the “Plaintiff did not appear in person or through attorney despite notification of the time and date of the…