Walker v. Kendig

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that, although dismissal from inactive calendar for lack of prosecution is without prejudice, “such an order must be issued only after careful consideration because justice requires that when possible a matter be determined upon its merits”
• applying Ariz. R. Civ. P. 60(c): “It would be extremely unjust to enforce the judgment of dismissal in this case” because “relief should be granted to the extent of allowing the plaintiff a fair opportunity to present his claim on the merits.”
• abuse of discretion to dismiss for plaintiffs failure to set for trial within court imposed deadlines
• “[V]erified sudden illness usually presents exceptional circumstances under which a reasonably prudent attorney could be ‘excused’ from properly carrying out his practice.”
• when making discretionary determination, trial court may rely on “ ‘personal wisdom and experience’”
• “Although a dismissal under [Uniform] Rule V(d) is without prejudice, such an order must be issued only after careful consideration because justice requires that when possible a matter be determined upon its merits.”

Source: CourtListener parenthetical corpus (CC0).