Gott v. Woody

—This wrongful death action, commenced on October 8, 1969, was dismissed for want of prosecution upon defendant’s motion on December 4, 1972. On'appeal, the administratrix contends that CR 41(b) limits the trial court’s discretion to dismiss a case for want of prosecution where the case is noted for trial within 1 year of the time an issue of fact or law has been joined. We agree and reverse the dismissal.

A brief chronology is relevant to the issue. Subsequent to commencement of the action, and before defendant had filed an appearance or answered the complaint, pretrial depositions of the…