Diane Purcell, Appellee Below-Appellant v. State Farm Fire and Casualty Co., Appellant Below-Appellee.

Summary

The Court held that Diane Purcell's appeal from the Superior Court's final dismissal order was timely because the earlier dismissal order had been vacated as apparently interlocutory. It further held that dismissing Purcell's complaint for failure to prosecute was an abuse of discretion because the record did not show sufficiently dilatory conduct and dismissal was disproportionate under the circumstances. The judgment was reversed and the matter remanded for a new scheduling order addressing both State Farm's appeal and Purcell's complaint.