Wherley v. Foss

OPINION

WOZNIAK, Chief Judge.

This appeal is from the dismissal with prejudice of appellants’ complaint. The trial court dismissed on its own motion for failure to prosecute. We affirm.

FACTS

Appellants Wherley and respondent Foss were involved in an automobile collision on August 22, 1973. Three years later, the attorney for Wherleys began correspondence with Foss’s insurance company, in which the parties discussed the accident and possible settlement arrangements. The last letter was written on June 22, 1979.

A dispute as to proper service existed between the parties, but in March 1980, Foss…