Jones v. Rich's Div. of Federated Dep't Stores

1 Citing case

  1. In re Darryl D

    308 Md. 475 (Md. 1987)   Cited 18 times
    In Darryl D. we held that a juvenile court judge abused his discretion when, pursuant to a recommendation of a master, he dismissed a delinquency petition following a delay in excess of two hours due to the State's Attorney's failure to appear.

    In Link v. Wabash R.R., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962), the Court held in a four-three decision that the drawn-out history of the suit suggested that plaintiff was deliberately proceeding in a dilatory fashion. See also, e.g., Jones v. Rich's Div. of Federated Dep't Stores, 170 Ga. App. 687, 317 S.E.2d 668 (1984) (counsel, who failed to contact the court concerning his absence, had acted similarly on prior occasions); Dileo v. Bernstein, 488 So.2d 1274 (La. Ct. App. 1986) (in upholding dismissal without prejudice based on tardiness of some 30 minutes, court noted that plaintiff was able to refile the suit); Westbrook v. Wallace, 478 A.2d 687 (Maine 1984) (no abuse of discretion to dismiss for attorney's failure to appear where evidence indicated attorney's claimed illness was minimal and was advanced as mere pretext for avoiding trial before a particular justice); Pembaur v. Leis, 1 Ohio St.3d 89, 437 N.E.2d 1199 (1982) (dismissal upheld where plaintiff voluntarily and unexplainedly failed to appear at hearing in spite of court's order that he appear). But cf. Vanhook v. Stanford-Lincoln Cty. Rescue Squad, 678 S.W.2d 797 (Ky. 1984) (attorney's negligent failure to attend 3-day trial imputable to clients).