Chicago Title Insurance v. Wheat

Harold and Marie Wheat appeal a judgment of the Lewis and Clark County District Court which granted respondents’ motion to dismiss the lawsuit under Rule 41(b), M.R.Civ.P. The Court concluded the Wheats failed to diligently prosecute their claims, and they failed to comply with an order of the court directing them to amend their pleadings. We affirm.

The sole issue presented is whether the District Court erred in granting the motion to dismiss for failure to prosecute the action.

In 1971, Harold and Marie Wheat retained a general contractor to renovate and enlarge a building they owned in…