Mayer v. Salway

Plaintiff appeals from a judgment dismissing her action for failure to prosecute. The motion to dismiss was based on plaintiff’s failure to initiate arbitration proceedings after the trial court abated the action. We reverse and remand.

Plaintiff and defendant were married. While they were married, they entered into a partnership agreement. According to plaintiff’s complaint, the partnership held interests in real property and skilled nursing facilities. In 1993, plaintiff and defendant stipulated to a judgment dissolving their marriage. Plaintiff later came to the conclusion that defendant…