(Download) "Hesham Ellmossallamy v. Billy Huntsman" by Supreme Court Of Utah * Book PDF Kindle ePub Free
eBook details
- Title: Hesham Ellmossallamy v. Billy Huntsman
- Author : Supreme Court Of Utah
- Release Date : January 30, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This is another appellate entry in that ever expanding category of cases dismissed by the trial court for want of prosecution. However, this case reaches us in a somewhat different posture than previous cases of this type in that the parties had conducted considerable pretrial discovery, and the case was preferentially set and ready for trial. And, but for an apparently misunderstood settlement agreement announced to the court, would have proceeded to trial. Instead the case was deferred, the settlement agreement revoked, and the case was dismissed by the court for want of prosecution. The courts dismissal was apparently based on the appellants alleged inaction for the four-month period from the date of the deferred trial setting until the courts dismissal. Therefore, our focus must essentially be directed at that period of time to determine whether the trial court abused its discretion in dismissing this case for want of prosecution. However, we must also look at that period of time in the context of the whole case to put it in proper perspective. State v. Rotello, 671 S.W.2d 507, 509 (Tex. 1984); Fedco Oil Co. v. Pride Refining Co., 787 S.W.2d 572, 573 (Tex. App.--Houston [14th Dist] 1990, no writ).