Butler v. Hathcoat

Brian Richard Dinday

Case Conclusion Date:September 1, 1983

Practice Area:Litigation

Outcome:Published appeals decision; Case won for client.

Description:In this case, Dale Butler was the Plaintiff, and under a prior attorney's representation, the case had allegedly not been tried within the five years allowed by statute. Mr. Dinday took over the case after the expiration of five years, and took the case to trial and won. The defendant appealed, claiming that the case should have been dismissed as not timely. The Court of Appeal accepted Mr. Dinday's argument that there were implied exceptions to the dismissal statute, including "waiver" of the mandatory dismissal statute after five years had run. This was a new legal doctrine and the case was therefore published. This win allowed Mr. Dinday's client to collect substantial funds being held in escrow for years.