Breza v. Schmitz

Considered and decided by the court without oral argument.

This appeal by plaintiff, Minnie Breza, seeks reversal of a second involuntary dismissal of her personal injury action commenced September 30, 1971, arising out of an automobile accident which occurred October 10, 1965. In her first appeal, Breza v. Schmitz, 305 Minn. 537, 233 N. W. 2d 559 (1975), we held that inasmuch as the case had not been set for trial on a day certain, involuntary dismissal of her action for failure to prosecute under Rule 41.02(1), Rules of Civil Procedure, was improper.

Shortly after remand, a day certain trial…