Regan v. Estate Questa Verde Townhouses

MEMORANDUM OPINION

Defendant’s motion to dismiss was granted on September 15, 1988, not on the merits of the motion but on the plaintiff’s apparent failure to oppose it. Such dismissal, however, was premature, since the plaintiff had been informed that he had until September 16 to respond td the motion. Since he did timely respond, the motion will be reviewed at this point on its substance.

The defendant sets forth three bases for dismissal: 1) failure to join indispensable parties, 2) failure to prosecute and 3) lack of subject matter jurisdiction. The second and third contentions are…