Walker v. Kendig

LOCKWOOD, Justice:

This is an appeal from an order denying the plaintiff’s motion to vacate a judgment of dismissal entered by the Superior Court. The pertinent facts are that in December of 1968, the plaintiff, Mitchell Walker, brought an action for malpractice against the defendant, Dr. George Kendig. The pleadings of both parties were in order, and discovery proceedings were undertaken and completed. On January 27, 1970, an order was entered placing the case on the inactive calendar, pursuant to Rule V(d) of the Uniform Rules of Practice, 17 A.R. S., for failure to have the matter set for…