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DAVIS v. SHEPPE

No. 20166

417 S.E.2d 113 (1992)

David Paul DAVIS, Plaintiff Below, Appellant, v. Joseph SHEPPE, D.D.S., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided April 22, 1992.

Attorney(s) appearing for the Case

Benjamin N. Snyder, Clendenin, for appellant.

Richard L. Earles, Shuman, Annand & Poe, Charleston, for appellee.

MILLER, Justice:

The plaintiff below, David Paul Davis, appeals a June 21,1990 order of the Circuit Court of Kanawha County which dismissed his medical malpractice suit. The basis for the dismissal was plaintiff's counsel's failure to appear at trial.

This case had originally been set for trial on May 14, 1990, and the parties appeared on this date. However, the trial court advised the parties that "this case is the fifth one down." As a consequence, they...

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