Foundation Reserve Insurance v. Johnston Testers, Inc.

OPINION

MOISE, Justice.

We must here determine if the court acted correctly in dismissing this cause under Rule 41(e) (§ 21-1-1(41) (e), N.M.S.A. 1953). The record in the case discloses that it was filed September 13, 1961. Upon disqualification of the resident judge, Judge Federici of the Eighth Judicial District was designated to preside. The case was at issue January 12, 1962. On July 26, 1963, some twenty-two and one-half months after the action was filed, a letter dated March 29, 1963 from the judge to counsel of record was filed. This letter read:

“I have a request from Mr. Noble…