Wallace v. Evans

Petitioners Evans seek review of a trial court’s denial of their motion to dismiss for want of prosecution. Petitioners contend the trial court erred in concluding that under CR 41(b)(1) the court had no authority to grant the motion after respondents noted the case for trial, regardless of how long respondents’ action had been inactive. We affirm.

Respondents Wallace sued petitioners in 1987. After petitioners filed their answer, neither petitioners nor respondents took any further action for six years.1 When petitioners finally moved to dismiss the case for want of prosecution, respondents…