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POWELL v. GUTIERREZ

No. 40, September Term, 1986.

310 Md. 302 (1987)

529 A.2d 352

EDWARD ARTHUR POWELL, SR. ET AL. v. HERBERT A. GUTIERREZ ET AL.

Court of Appeals of Maryland.

August 5, 1987.

Attorney(s) appearing for the Case

Michael Marshall (Sidney Schlachman, Schlachman, Potler, Belsky & Weiner, P.A., and Steven A. Charles, on the brief), Baltimore, for appellants.

Paul M. Bowman, Chestertown, for appellees.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ., and MARVIN H. SMITH, Associate Judge of the Court of Appeals of Maryland (retired), specially assigned.

COLE, Judge.

We are asked today to decide what standard a trial judge should use when ruling on a motion to defer dismissal for lack of prosecution under Maryland Rule 2-507(e).

The relevant facts can be quickly recounted. On May 11, 1983, Edward Powell1 filed a negligence action in the Circuit Court for Queen Anne's County against Herbert Gutierrez and Gutierrez's employer. On July 8, 1983, Gutierrez filed a counterclaim against...

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