Stankey v. Boden

California Court of Appeal Mar 20, 1933 No. Civ. No. 7641Published

Before: Stephens

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Holding. The court held that the trial judge did not abuse their discretion in dismissing an action for lack of prosecution despite the appellant's claims regarding attorney delay and a letter from the defendant.

Issues

Whether the trial court abused its discretion in dismissing an action for lack of prosecution.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The whole question was one of discretion of the trial judge and we discern no abuse thereof.”

STEPHENS, J. The order appealed from followed a motion to dismiss an action for lack of prosecution. Appellant, whose action was dismissed, seeks to show by affidavit that the delay of over two years was caused by her attorneys and also by the fact that the defendant wrote her a letter in which it was stated that the writer would proceed with the case. The whole question was one of discretion of the trial judge and we discern no abuse thereof.

The order is affirmed.

Works, P. J., and Archbald, J., pro teto., concurred.

Stankey v. Boden

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