Bagalay v. Lahaina Restoration Foundation

In Bagalay v. Lahaina Restoration Foundation, 60 Haw. 125, 588 P.2d 416 (1978), the Supreme Court of Hawaii reversed a lower court's order for failure to prosecute. The court found there was no actual prejudice suffered by defendants, in the absence of undue prejudice to defendants, and in light of the fact that counsel for plaintiff did not abandon the case but continued with pre-trial proceedings while attempting to locate heirs, the trial court had abused its discretion in dismissing the action.