This case has been cited 1 times or more.
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2006-08-31 |
TINGA, J. |
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| In the cases cited in Montejo, the case mainly relied upon by the appellate court in its disquisition, there were special circumstances which warranted the dismissal of the actions therein. In four (4) of the cited cases,[43] including the frequently quoted Smith Bell & Co., Ltd., et al. v. American President Lines, Ltd., et al., [44] plaintiffs failed to prosecute for a period of four (4) years, a considerably longer period than that in the case at bar, from which plaintiffs' disinterest in pursuing their respective cases can reasonably be inferred. In the other cases wherein the plaintiffs were found to have failed to prosecute their cases for less than a year,[45] either there was a manifest scheme to delay the proceedings or plaintiffs had failed to perform an order of the trial court. | |||||