The defendant, UAP Inc. o/a Napa Auto Parts, appealed a Master's decision that granted the plaintiff, John Turner, an extension to the deadline to set the action down for trial.
The appeal concerned the two-part test for dismissing an action for delay under Rule 48.14, specifically whether the plaintiff provided an acceptable explanation for the delay and rebutted the presumption of prejudice to the defendant.
The court found no palpable or overriding error in the Master's decision, concluding that the Master properly considered the evidentiary matrix and exercised discretion.
The appeal was dismissed.
