Grundmann v. Williams & Peterson

This is an appeal from an order dismissing both the complaint and the counterclaim pursuant to a motion for such dismissal filed by the plaintiff. The motion was founded on failure of the parties to prosecute the actions alleged in both the complaint and the counterclaim. The matter was resolved after a full hearing, where affidavits and briefs were reviewed in light of the authorities cited.

The trial court has considerable discretion in cases like this.1 The decision in this case is specifically supported by Utah Oil Co. v. Harris, Utah, 565 P.2d 1135 (1977).2 That case enumerates the…