Kirschner v. Worden Orchard Corp.

The superior court dismissed this action without prejudice under CR 41(b)(2) which allows involuntary dismissal on the clerk's motion where plaintiff has failed to prosecute the case. The superior court vacated the dismissal upon motion by the plaintiff. Worden Orchard Corporation appeals the vacation of the order of dismissal. We affirm.

In June 1982, Mr. Kirschner filed a complaint against Worden Orchard Corporation and T. J. Jones alleging conversion and/or negligence in the sale of apple processing equipment owned by Mr. Kirschner. In September 1983, the clerk of the superior court sent a…