WALLACE v. EVANS

No. 63740-7.

934 P.2d 662 (1997)

131 Wash.2d 572

Michael H. WALLACE and Barbara Wallace, husband and wife, and Westco Corporation, a California corporation, Respondents, v. Andrew L. EVANS and Ann Llewellyn Evans, husband and wife, Petitioners.

Supreme Court of Washington, En Banc.

Decided April 10, 1997.


Attorney(s) appearing for the Case

Butcher & Williams, Frank W. Birkholz, Seattle, Kirkland & Ellis, Jean Haynes, New York City, for petitioners.

Stoel Rives Boley Jones & Grey, Deborah A. Elvins, Seattle, for respondents.


SANDERS, Justice.

Petitioners Evans seek review of a trial court's denial of their motion to dismiss for want of prosecution. Petitioners contend the trial court erred in concluding that under CR 41(b)(1) the court had no authority to grant the motion after respondents noted the case for trial, regardless of how long respondents' action had been inactive. We affirm.

Respondents Wallace sued petitioners in 1987. After petitioners filed their answer, neither...

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