Polk v. Ivers

WILKINS, Justice:

Plaintiffs brought this action involving a landlord-tenant dispute against defendants, filing it on January 22, 1974 in the District Court for Summit County. The total time which elapsed between commencement of this case and the granting of defendants’ motion to dismiss for failure to prosecute1 on June 21, 1976 was almost two and one-half years.

A review of the record discloses active pursuit by plaintiffs and defendants in this matter. On December 15, 1975 a hearing was scheduled to set a new trial date. Plaintiffs’ counsel did not attend but sent a letter to the Court…