The self-represented plaintiff brought a motion to set aside a Registrar's order dismissing her action for delay under Rule 48.14.
The action, which alleged fraud and conspiracy against a private lender and his lawyer regarding a mortgage enforcement, had been dormant for nearly five years after the plaintiff's lawyer was removed from the record.
The court dismissed the motion, finding that the plaintiff failed to provide a satisfactory explanation for the inordinate delay, failed to prove she always intended to prosecute the action, delayed in bringing the motion to set aside, and failed to rebut the presumption of prejudice to the defendants, whose witnesses had suffered memory loss.
