CIVIL PROCEDURE: JAROSZEWSKI V. FLEGE (COA 9/29/2006)

JAROSZEWSKI V. FLEGE
CIVIL PROCEDURE:   Dismissal for lack of prosecution
2005-CA-002371
PUBLISHED:  VACATING AND REMANDING (VANMETER)
DATE RENDERED:  9/29/2006

Here, the circuit court dismissed the complaint because appellants failed to move the matter forward in four years. However, it is clear that the circuit court did not address the Ward factors, as it acknowledged that it “may not have specifically addressed all the items to be considered in a failure to prosecute case[.]”   Accordingly, COA indicated "we must vacate the circuit court’s order and remand for further consideration in light of Ward and Toler."