Taylor v. Smith
In Taylor v. Smith, 171 W. Va. 665, 667, 301 S.E.2d 621, 624 (1983), the plaintiff's personal injury action was dismissed in 1975 under Rule 41(b) for failure to prosecute.
In the meantime, the plaintiff's attorney was suspended from the practice of law, and the plaintiff obtained a new attorney who did not discover the dismissal order until June 30, 1978.
The new attorney, however, waited almost one year before moving for reinstatement on June 19, 1979. The circuit court denied the motion as untimely.
The Court, in Taylor, held that the circuit court did not abuse its discretion in denying reinstatement. As the Taylor opinion states in part: "Counsel failed to make a reinstatement motion within a reasonable time after discovery of the dismissal order. Arlan's provides no excuse for his failure to promptly move for reinstatement." 171 W. Va. at 667, 301 S.E.2d at 624.