Radinsky v. Kripke

The sole question here presented is whether the action of the trial court in dismissing the case with prejudice *455for failure to prosecute constitutes an abuse of judicial discretion. Under the record before us we hold that it does.

Radinsky, Kripke and McLean were general partners engaged in the practice of law in Denver, Colorado. In the summer of 1954 Radinsky left the partnership because of alleged ill health and moved to California. Subsequently, in March of 1955, he commenced the instant action seeking dissolution of the partnership and an accounting of partnership assets. Defendants in…