The defendant municipality brought a motion to dismiss the plaintiff’s civil action for failure to comply with multiple interlocutory cost orders.
The plaintiff had failed for several years to pay costs awarded in prior proceedings, including $10,000 ordered following dismissal of an appeal and additional costs awarded on subsequent motions and appeals.
The court considered Rule 60.12 and subrule 57.03(2) of the Rules of Civil Procedure, which authorize dismissal or other sanctions where a party fails to comply with interlocutory orders, including orders for payment of costs.
Finding that the plaintiff persistently refused to comply with cost orders, repeatedly delayed the action, and demonstrated no intention of satisfying the outstanding obligations, the court concluded that dismissal was the appropriate sanction.
The action was dismissed with costs.