Maseco S.A. v. Herbert CA4/3
Plaintiff Maseco S.A. (Maseco) appeals from the trial court’s order dismissing the action with prejudice after Maseco failed to appear at trial. Maseco argues the court erred because Maseco’s counsel was present at trial. In the alternative, Maseco argues the court should have dismissed the action without prejudice. We agree the court erred in dismissing with prejudice and remand the matter to the court with directions to enter an order dismissing the action without prejudice. The court also may consider imposing monetary sanctions in addition to the dismissal without prejudice.
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