Circuit Court for the Judicial Circuits of Florida January 20, 1987, Case No. 86-039 AP (County Court Case No. 85-20377 SP05 (Executive Associates, Inc. v. Weiser, Inc.)

OPINION OF THE COURT

PER CURIAM.

Appellant challenges the Trial Court’s denial of its motion to set aside the Order of Dismissal with prejudice. Plaintiffs attorney failed to appear at a pretrial hearing because he had an automobile accident on the way to Court.

*145The defendant had alleged res judicata as a reason for not setting aside the dismissal. This was the third filing of the case.