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KIRKHAM v. 4.60 ACRES OF LAND IN VICINITY, ETC.

No. 12745.

605 P.2d 959 (1980)

100 Idaho 781

Dale S. KIRKHAM and Bodell S. Kirkham, husband and wife, Merrill J. Sharp and Winnie Sharp, husband and wife, J.P. Merkley and Mary Merkley, husband and wife, Taylor F. Cottle and Veneta Cottle, husband and wife, Calvin Buhler and Elizabeth G. Buhler, husband and wife, and Paul S. Thompson and Marba Thompson, husband and wife, Plaintiffs-Appellants, v. 4.60 ACRES OF LAND IN VICINITY OF INKOM, BANNOCK COUNTY, Idaho, Robert E. Colling and Lila Colling, husband and wife, Lena A. Colling, a widow, First Security Bank of Idaho, Farmers Home Administration, Melvin J. Anderson and Marjorie L. Anderson, husband and wife, James A. Kirk and Sylvia E. Kirk, husband and wife, and John Doe and Jane Doe, unknown owners, Defendants-Respondents.

Supreme Court of Idaho.

January 28, 1980.

Attorney(s) appearing for the Case

John B. Kugler, Pocatello, for plaintiffs-appellants.

William D. Olson and Gary L. Cooper of Racine, Huntley & Olson, Pocatello, for defendants-respondents Colling.

James A. Kirk, Pocatello, pro se.

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...

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