Musselman Steel Fabricators, Inc. v. Radziwon

By interlocutory appeal we are asked to review an order of the trial court denying defendant’s motion to dismiss for failure to prosecute.

The record discloses that within a one-year period immediately prior to the filing of the motion to dismiss the court reporter filed with the clerk the depositions of certain witnesses. Although the depositions had been taken by the defendants at a time more than one year prior to the filing of their motion, we hold that the filing of the depositions constitutes sufficient affirmative showing of prosecution of the action to justify denial of a motion to…