Arnold v. Van Ornum

CAMERON, Judge.

Plaintiffs’ complaint was dismissed for lack of prosecution pursuant to Rule 41(b), Rules of Civil Procedure, as amended, 16 A.R.S. From an order denying plaintiffs’ motion to set aside the dismissal made pursuant to Rule 60(c), Rules of Civil Procedure, as amended, 16 A.R.S., plaintiffs bring this appeal.

We are called upon to determine if the trial court abused its discretion in denying plaintiffs’ motion to set aside the dismissal.

The facts necessary for a determination of this matter on appeal are as fohows: On 16 May, 1961, the plaintiffs filed an action in Maricopa County…