Sturdevant v. Fargo Culvert Co.

NEUMANN, Justice.

Robert Sturdevant appeals from a judgment entered by the District Court for Cass County involuntarily dismissing his claim against Fargo Culvert Company (FCC) due to his failure to prosecute. We affirm.

In March 1986, Sturdevant served a summons and complaint on FCC. His cause of action was brought for the recovery of sales commissions he allegedly earned but never received while in FCC’s employ. The case was not filed with the district court until six and one-half years later, in October 1992. Sturdevant simultaneously filed a note of issue and certificate of readiness. FCC…