Friday's Holdings, Inc. v. Crown One Land, Inc.

[SEC-SICD * CASE NO. 07-93-4527. June 20, 1995.] FRIDAY'S HOLDINGS, INC., ET AL. , complainants , vs . CROWN ONE LAND, INC., ET AL. , respondents . O R D E R This treats of the respondents' Motion to Resolve the Motion to Dismiss dated 20 March 1995 alleging the following grounds: 1. The case is dismissable on the ground of failure to prosecute. 2. The personal claim of Lutrell for enforcement of his supposed management contract was extinguished upon his death, leaving no real party in interest. LexLib 3. When the motion was heard, counsel for the complainants was given a period of fifteen (15) days from March 31, 1995 within which to file his comment and/or opposition. On April 24, 1995, an order was issued granting complainants' counsel an extension of ten (10) days until April 17, 1995 within which to file the aforesaid comment and/or opposition. The records show that no comment and/or opposition has been filed thereto. On April 24, 1995, counsel for the complainants withdrew his appearance as counsel of record. Respondents pointed out that no formal substitution of parties was ever made much less the foundation for such substitution properly laid so that it can be said that the Estate of William B. Lutrell and its legal representative had ever been properly substituted as party to the present dispute. Upon consideration of the motion to dismiss and finding the grounds relied therein to be meritorious, the same is hereby GRANTED. WHEREFORE, for failure to prosecute as well as for extinguishment of a personal claim and for lack of the real party in interest, let the above-captioned case be, as it is hereby DISMISSED. LLpr SO ORDERED. (SGD.) ENRIQUE L. FLORES, JR. Hearing Officer