MORGAN v. LEITNER

No. 81-407.

444 A.2d 932 (1982)

Juanita K. MORGAN, Appellant, v. Karl A. LEITNER, et al., Appellees.

District of Columbia Court of Appeals.

Decided April 1, 1982.


Attorney(s) appearing for the Case

George E. Tuttle, Jr., Alexandria, Va., for appellant.

Edward C. Bacon, Landover, Md., for appellees.

Before KERN, NEBEKER and MACK, Associate Judges.


MACK, Associate Judge:

This is an appeal from a dismissal with prejudice for failure to prosecute. Super. Ct.Civ.R. 41(b). An examination of the record leads us to conclude that the representations of appellees (defendants below) were antithetical to the trial court's exercise of sound discretion. We, therefore, reverse and remand for trial.

A decision to dismiss for failure to prosecute is committed to the "sound discretion" of the court. This discretion...

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