Highlight Canyon, LLC v. Cioffoletti, et al.
Annotate this CaseIn this case, the trial court dismissed a mining company’s claims when its sole filing in the prior year was a substitution of counsel. The Alaska Supreme Court held that the substitution of counsel was not a “proceeding” that terminated the period of delay. The Court also concluded that actions taken by the company after the defendant moved to dismiss for lack of prosecution do not preclude dismissal. “And because the company failed to clearly explain its dilatory conduct, the superior court did not abuse its discretion by finding no good cause for the failure to prosecute.”
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