The plaintiffs brought a motion for a status hearing under Rule 48.14(5) to establish a timetable for the remainder of the action, which involved a claim for unpaid construction work on a custom home.
The defendants sought to have the action dismissed for delay.
The Master found that the plaintiffs had an acceptable explanation for the delay, as their former lawyer failed to advance the action despite their instructions, and that the defendants suffered no non-compensable prejudice.
The motion was granted, allowing the action to proceed with a new deadline to set it down for trial.
