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ROSENSTEIN v. CHEATHAM

20230

267 S.C. 118 (1976)

226 S.E.2d 422

Juanita T. ROSENSTEIN, as Administratrix of the Estate of John K. Green, Respondent, v. Bartlette M. CHEATHAM, Appellant.

Supreme Court of South Carolina.

June 2, 1976.

Attorney(s) appearing for the Case

Douglas McKay, Jr., Esq., of McKay, Sherrill, Walker & Townsend, Columbia, for Appellant.

W. Ray Berry, Esq., of Berry & Berry, Columbia, for Respondent.

Douglas McKay, Jr., Esq., of McKay, Sherrill, Walker & Townsend, Columbia, for Appellant, in Reply.

June 2, 1976.

LITTLEJOHN, Justice:

After dismissing this case by order of November 19, 1975, the trial judge, on November 26, 1975, attempted to revive the action and restore it to the calendar for trial. The defendant has appealed the order wherein the judge attempted to revive the case.

The order of November 19, 1975, dismissing the action is as follows:

"Plaintiff instituted this action against the Defendant by service of `Summons, Complaint...

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