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CHICAGO TITLE INS. CO. v. WHEAT

No. 84-448.

699 P.2d 597 (1985)

CHICAGO TITLE INSURANCE COMPANY, a corporation, Plaintiff and Respondent, and Helena Abstract & Title Company, a Montana corporation, and Prudential Federal Savings and Loan Association, a United States corporation, Third-Party Defendants and Respondents, v. Harold N. WHEAT and Marie Wheat, husband & wife, Defendants and Appellants.

Supreme Court of Montana.

Decided May 13, 1985.

Attorney(s) appearing for the Case

Madden, Knuchel & McGregor, Karl Knuchel, Livingston, for defendants and appellants.

Hughes, Kellner, Sullivan, Alke, John Alke, Helena, for Chicago Title.

Luxan & Murfitt, Gary L. Davis, Helena, for HA & T.

McCaffery & Peterson, John L. Peterson, Butte, Charles Graveley, Skedd, Ashley, McCabe & Weingartner, Helena, for P.F.S.

HUNT, Justice.

Harold and Marie Wheat appeal a judgment of the Lewis and Clark County District Court which granted respondents' motion to dismiss the lawsuit under Rule 41(b), M.R.Civ.P. The court concluded the Wheats failed to diligently prosecute their claims, and they failed to comply with an order of the court directing them to amend their pleadings. We affirm.

The sole issue presented is whether the District Court erred in granting the motion to dismiss...

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