Legal Opinion
Morgan v. Leitner
District of Columbia Court of Appeals
Decided April 1, 1982No. 81-407PublishedCited by 8 opinions
1Opinion of the Court
MACK, Associate Judge:
This is an appeal from a dismissal with prejudice for failure to prosecute. Super. Ct.Civ.R. 41(b). An examination of the record leads us to conclude that the representations of appellees (defendants below) were antithetical to the trial court’s exercise of sound discretion. We, therefore, reverse and remand for trial.
A decision to dismiss for failure to prosecute is committed to the “sound discretion” of the court. This discretion, however, should be exercised “with care, since [such] a dismissal ... is a drastic remedy.” Garces v. Bradley, D.C.App., 299 A.2d 142, 144…
2Cases cited2 opinions
- Garces v. BradleyDistrict of Columbia Court of Appeals · 1973
- Frazier v. Center Motors, Inc.District of Columbia Court of Appeals · 1980
3Cited by8 opinions
- Granville v. HuntDistrict of Columbia Court of Appeals · 1989
- Hancock v. Mutual of Omaha InsuranceDistrict of Columbia Court of Appeals · 1984
- Atlantic Petroleum Corp. v. Jackson Oil Co.District of Columbia Court of Appeals · 1990
- Battle v. JacksonDistrict of Columbia Court of Appeals · 1984
- Brown v. CohenDistrict of Columbia Court of Appeals · 1986
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