Garrison v. Arizona Department of Economic Security

The plaintiffs lawsuit was dismissed for lack of timely prosecution. Though the dismissal formally lacked prejudice, it was prejudicial in fact because, by the time of dismissal, the statute of limitations for the plaintiffs cause of action had run. The plaintiffs sought reinstatement under Rule 60(c)(6), 16 A.R.S. Rules of Civil Procedure. Alternatively, they sought suspension of the statute of limitations and an opportunity to refile a new suit against the defendants pursuant to A.R.S. § 12-504(A), a "savings statute" enacted by the legislature, effective July 24, 1986. The trial court denied relief on either ground. The plaintiffs appeal occasions our comparison of Rule 60(c)(6) and the savings statute and our conclusion that, although the trial court acted within its discretion in denying relief under the former, it abused its discretion in denying relief under the latter.