Foundation Elevation & Repair, LLC v. Kenneth Miller and Doreen Miller

Summary

The court held that abandonment became effective automatically after more than three years without a step in the prosecution or defense. A defendant's post-abandonment conduct waives abandonment only when it clearly and directly renounces that defense by demonstrating an intent to proceed, and the short general-denial answer here did not do so. The court therefore reinstated the trial court's dismissal of the claims against DSHR as abandoned.