Lusk v. Crawford Paint Co.

WELLS, Judge.

Through his various assignments of error, plaintiff brings forward the questions of (1) whether the trial court correctly found that he had failed to comply with Rules 3, 4 and 11 of the Rules of Civil Procedure for failure “to properly and timely issue and serve process and complaint,” and (2) whether the trial court correctly found that plaintiff failed to comply with Rule 41 for “failure to timely prosecute” the action. We answer both questions in the negative and reverse.

The record clearly shows that plaintiff did not violate or fail to comply with the provisions of Rules 3…