Hopewell v. Hendrie

BECK, Judge:

The issue presented for decision is whether the trial court abused its discretion in refusing to strike off a discontinuance in this wrongful death and survival action where the discontinuance was mistakenly filed by plaintiff-appellant’s counsel of record without the knowledge of appellant or of the attorney who was actually litigating the case, the petition to strike the discontinuance was filed within thirty days of appellant’s discovery of the error, there has been no demonstration of prejudice to the defendants-appellees and the statute of limitations on appellant’s cause of…