CIVIL PROCEDURE – Housekeeping Dismissals; Lack of prosecution: Wildcat Property Management, LLC v. Reuss (12/11/2009 COA)

Wildcat Property Management, LLC v. Reuss
2008-CA-002290 12/11/2009 2009 WL 4723203
Opinion by Senior Judge Lambert; Chief Judge Combs and Judge Moore concurred. The Court reversed and remanded an order of the circuit court dismissing an action with prejudice. The Court first held that because both CR 77.02(2) and the local housekeeping rule only provided for dismissal without prejudice, the dismissal with prejudice was, of necessity, pursuant to CR 41.02. However, the circuit court failed to properly exercise its discretion by failing to make the required findings as to why the case was dismissed.