STATE EX REL. HAYDEN v. CARR

No. WD 30827.

597 S.W.2d 710 (1980)

STATE of Missouri ex rel. James L. HAYDEN and Martha L. Hayden, Appellants, v. William E. CARR et al., Respondents.

Missouri Court of Appeals, Western District.

April 7, 1980.


Attorney(s) appearing for the Case

P. Wayne Kuhlman, Liberty, for appellants.

John Ashcroft, Atty. Gen., Weldon W. Perry, Jr., Asst. Atty. Gen., Jefferson City, for respondents.

Before TURNAGE, P. J., and SHANGLER and MANFORD, JJ.


TURNAGE, Presiding Judge.

James L. Hayden and Martha L. Hayden appeal from an order dismissing their cause of action because they failed to prosecute their claim with due diligence. The court ordered the cause dismissed with prejudice under Rule 67.02.

The Haydens contend error because the court failed to find the delay in prosecuting their suit was unnecessary and because the court failed to consider the fact they...

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