(Download) "Utah Oil Company and Floyd E. Benton v. J." by Court of Appeals of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Utah Oil Company and Floyd E. Benton v. J.
- Author : Court of Appeals of Utah
- Release Date : January 17, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
HALL, Justice: This appeal arises out of the dismissal with prejudice of a suit for damages for the destruction of a right-of-way, the same having been filed March 20, 1974, followed by the filing of appropriate responsive pleadings, motions, discovery, and ultimate pre-trial setting on September 12, 1974, at which time the pre-trial hearing was stricken by reason of a compromise settlement reached. Included in the order striking the pre-trial was the further provision that the matter was not to be rescheduled for trial without the filing of a new request therefore. On March 12, 1975, counsel for plaintiffs filed a notice of withdrawal and on April 28, 1975, only defendant Harris filed a notice provided by statute for plaintiffs to appoint a successor attorney or for plaintiffs to appear in person. Motion to dismiss for failure to diligently prosecute was filed July 12, 1976, pursuant to court rule. Said motion was heard on August 3, 1976, plaintiffs appearing in person and by present counsel, and the court entered the order of dismissal complained of.