The plaintiff attended a status hearing to show cause why his wrongful dismissal and defamation action should not be dismissed for delay under former Rule 48.14(13).
The plaintiff, who was self-represented for much of the litigation, explained the delay was due to not receiving a certification form and suffering from severe health and family issues.
The court accepted the explanation and found the defendant would suffer no non-compensable prejudice, as documents were preserved and the defendant's claim of missing witnesses was unsubstantiated.
The action was allowed to continue and restored to the trial list with no order as to costs.