Milton Howard Gaines, Plaintiff and Appellant v. Fidelity National Title Insurance Company — Kruger, J…

Summary

This dissent argues that a court-ordered 120-day stay should have been excluded from the five-year period for bringing the action to trial. It reasons that the stay either halted prosecution under the statutory text or made trial impracticable because the trial date was stricken and virtually all proceedings were suspended. The dissent would reject the dismissal as inconsistent with the statutory policy favoring resolution on the merits.