CHISHOLM v. FOLEY

No. CX-88-413.

427 N.W.2d 278 (1988)

Carl CHISHOLM, Appellant, v. Thomas FOLEY, Respondent.

Court of Appeals of Minnesota.

August 16, 1988.


Attorney(s) appearing for the Case

John A. Pecchia, Carter J. Bergen, Butler & Pecchia, St. Paul, for appellant.

Shelly A. Simmering, Thomas R. O'Connell, Collins, Buckley, Sauntry & Haugh, St. Paul, for respondent.

Heard, considered, and decided by LANSING, P.J., and SCHULTZ and LOMMEN, JJ.


OPINION

LANSING, Judge.

After Carl Chisholm's attorney voluntarily withdrew from representation in a negligence action, Thomas Foley's attorney notified Chisholm that he must appoint substitute counsel or he would forfeit his right to further notice in the proceedings. Chisholm did not name new counsel within the time specified, and Foley moved for dismissal based on Chisholm's failure to prosecute. Following an ex parte hearing, the trial court dismissed...

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