GARCIA v. LANE

Kenneth L. Buettner, Chief Judge:

¶ 1 Plaintiff/Appellant Osvaldo Garcia appeals from the trial court’s order dismissing the action with prejudice. The trial court dismissed the case with prejudice because Garcia was not ready to proceed with trial on the day of trial. We hold it was within the trial court’s inherent power to dismiss the action for failure to prosecute and, given the circumstances, the trial court did not abuse its discretion by dismissing the action with prejudice. AFFIRMED.

¶ 2 Garcia and Defendant/Appellee Steven Lane were involved in a motor vehicle accident January 22,…