Kirkham v. 4.60 Acres of Land in Vicinity of Inkom

McFADDEN, Justice.

The issue presented on appeal is whether the trial court abused its discretion in dismissing, sua sponte, the above entitled action with prejudice because neither party took any affirmative action in the case for a period of 21 months. The facts relevant to this appeal are as follows: Plaintiffs-appellants instituted this private condemnation action on September 21, 1972, to condemn a right-of-way across certain lands owned by defendants-respondents. A trial on the matter was set for June 4,1975, but on that date the trial court refused to hold a trial until it had an…