Cleary Diving Service, Inc. v. Thomas, Head & Greisen

OPINION

This appeal arises out a cause of action by Eugene and Florence Cleary (and Cleary Diving Service, Inc.), the appellants, alleging that Thomas, Head and Greisen, a professional accounting corporation, and Donald Thomas and Theodore Sherwin (hereafter “the defendants”) improperly performed accounting services for the Clearys. The cause of action was eventually dismissed without prejudice for want of prosecution by the superior court, Judge Daniel A. Moore, Jr. presiding. This appeal is from a 60(b) motion attacking that dismissal. We affirm.

First, we conclude that the Clearys were not…