TERRY v. BOB DUNN FORD, INC.

No. 8518SC197.

335 S.E.2d 227 (1985)

Jerry Lee TERRY v. BOB DUNN FORD, INC.

Court of Appeals of North Carolina.

October 15, 1985.


Attorney(s) appearing for the Case

Robert S. Cahoon, Greensboro, for plaintiff-appellant.

Rivenbark & Kirkman by Rodney D. Tigges and John W. Kirkman, Jr., Greensboro, for defendant-appellee.


ARNOLD, Judge.

The trial court erred in dismissing plaintiff's action for failure to appear and prosecute his action. Plaintiff's attorney was present and appeared ready to go forward with his case.

As our Supreme Court recently stated:

[O]ur research fails to disclose ... any statute, rule of court or decision which mandates the presence of a party to a civil action or proceeding at the trial of, or a hearing in connection with, the action or proceeding...

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