Anderson v. Zarta

This action was properly dismissed for lack oif prosecution under F.R.C.P. 1.-420(e). Plaintiffs did not appear at the hearing and did not show good cause in writing why the action should remain pending at least five days prior to the hearing.

Thereafter, plaintiffs moved, with an unverified pleading, to set aside the order and dismissal saying that while the notice of hearing was received by plaintiffs’ law firm, the particular lawyer handling the case did not receive it due to the fact that he was busy at that time concluding his practice and due to possible clerical error.

The trial court…