Yaeger v. Vance

OPINION

EUBANK, Presiding Judge.

Appellant appeals from an order of the Superior Court which granted appellees’ motion to dismiss for failure of the appellant to prosecute his case pursuant to Rule 41(b), Rules of Civil Procedure, 16 A.R.S., and also from the subsequent denial of appellant’s motion to set aside that dismissal. The appellant raises two issues on appeal: (1) Did the trial court err in granting appellees’ motion for a mistrial, and (2) Did the trial court improperly grant appellees’ motion for an involuntary dismissal ?

The pertinent facts are as follows. On May 11, 1971,…