Curtin v. Koskey

Opinion

DOSSEE, J.

This is an appeal from a judgment of dismissal entered upon plaintiffs’ failure to bring the action to trial within three years. On appeal, plaintiffs argue that the trial court erred in granting the motion to dismiss when another judge had previously granted plaintiffs’ motion to advance and had set the case for trial. We agree and reverse.

Facts

In October 1983, plaintiffs Tim and Darlene Curtin purchased a used mobilehome from defendants Thomas and Patricia Koskey for $49,969. They soon discovered various defects in the mobilehome and on September 21, 1984, brought suit…