Snohomish County v. Thorp Meats

(dissenting) — I dissent. The majority has given too much breadth to CR 41(b)(1). The majority construes the first paragraph of CR 41(b) and CR 41(b)(1) together and makes the failure-to-prosecute language in the first paragraph of CR 41(b) meaningless. I believe that the first paragraph of 41(b) has independent effect from CR 41(b)(1) and preserves the trial court's inherent discretionary dismissal powers.

Under the majority's analysis, a plaintiff can always avoid a dismissal under CR 41(b)(1) simply by noting a case for trial. However, I find it unreasonable to hold that a court cannot…