Warden v. Lathan

BAKES, Justice.

This appeal arises out of a judgment of the district court dismissing with preju dice under I.R.C.P. 41(b) plaintiff-appellants John Wesley Warden’s and Gary Warden’s complaint for failure to prosecute their action. The original complaint was filed on April 24, 1969. According to the minutes of the court clerk, the case was ready for trial on January 8, 1971. Thereafter, the case was passed on four successive calendar calls. On March 29, 1973, appellants requested a trial setting. On April 5, 1973, respondent filed a motion to dismiss for lack of prosecution, supported by an…