Jenco, Inc. v. United Fire Group, 2003 SD 79

Summary

The Supreme Court of South Dakota affirmed dismissal with prejudice of Jenco, Inc.'s breach-of-insurance-contract action for failure to prosecute and failure to comply with an order requiring substitution of counsel. The court held that Jenco did not establish good cause for its approximately two-and-one-half-year period of inactivity and that the trial court acted within its discretion. The court also affirmed denial of Jenco's motion for reconsideration.

Holdings

1. The trial court did not abuse its discretion by dismissing Jenco's action with prejudice. Jenco failed to show good cause for approximately two and one-half years of inactivity and failed to comply with the order to obtain substitute counsel.
2. The trial court did not abuse its discretion by denying Jenco's motion for reconsideration.

Questions Presented

1. Whether the trial court abused its discretion by dismissing Jenco's action with prejudice for failure to prosecute under SDCL 15-11-11 and SDCL 15-6-41(b).
2. Whether the trial court abused its discretion by denying Jenco's motion for reconsideration based on its contention that the allegedly missing witness was available.

Disposition

affirmed