Judgments: Involuntary Dismissal

Synthetic Technologis Corp. v. UEF [4/06/01] 2001 MTWCC 13 Dismissal for lack of prosecution inappropriate and unnecessary where two and a half year delay has in part been due to the parties waiting for a decision in another case and where the remainder of the delay was caused by belief that the parties had a settlement agreement which was to be reduced to writing. More appropriate remedy is to schedule case for trial with no further continuances.

Synthetic Technologis Corp. v. UEF [4/06/01] 2001 MTWCC 13 Dismissal for lack of prosecution is with prejudice and res judicata as to issues raised in the case.