Whitehead v. Great Central Insurance

Birdsong, Judge.

In case no. 54672, the trial court in a nunc pro tunc order granted appellee’s motion to dismiss appellant’s appeal in case no. 54673 on two grounds: (1) failure to pay costs promptly and/or file timely a pauper’s affidavit; and (2) failure to allow discovery.

In case no. 54673, the appellant sought to appeal the trial court’s grant of appellee’s motion for summary judgment. Appellant contends in case no. 54672 that the trial court erred in granting appellee’s motion as set forth above. Held:

We must first determine whether or not the trial court committed error in issuing an…