Jepson v. New

OPINION

FIDEL, Judge

The plaintiffs’ lawsuit was dismissed for lack of timely prosecution. Though the dismissal formally lacked prejudice, it was prejudicial in fact because, by the time of dismissal, the statute of limitations for the plaintiffs’ cause of action had run. The plaintiffs sought reinstatement under Rule 60(c)(6), 16 A.R.S. Rules of Civil Procedure. Alternatively, they sought suspension of the statute of limitations and an opportunity to refile a new suit against the defendants pursuant to A.R.S. § 12-504(A), a “savings statute” enacted by the legislature, effective July 24, 1986.…