In Re the Marriage of Horton

Betty Horton appealed from the judgment of the Sixteenth Judicial District Court, Carter County, Alfred B. Coate presiding, granting respondent’s motion for dismissal for lack of prosecution pursuant to Rule 41(b), M.R.Civ.P. We reverse.

*100The issue on appeal is whether the trial court abused its discretion in granting respondent’s motion to dismiss for lack of prosecution.

Betty and Melvin Horton were married in Hardin, Montana, on August 30, 1940. In 1964, the parties separated. On June 29, 1971, Betty Horton filed for dissolution of the marriage. The complaint was not answered until January 7,…