The Supreme Court of Guam has issued an opinion on a case involving the dismissal of a lawsuit for failure to prosecute.

In the case of Lujan v. Tebo, the Supreme Court upheld the Superior Court’s decision to dismiss the case filed by plaintiffs Jesse Anderson Lujan and Francis Gill. 

The plaintiffs had argued that their revival of the case resolved any inactivity. 

However, the court found that their actions, including an improperly filed motion to compel, did not demonstrate diligent prosecution following a 16-month period of inactivity.

The Supreme Court stated that the trial court’s findings were supported by substantial evidence and were not clearly erroneous. The court also ruled that dismissal was appropriate, concluding that the trial court had thoroughly considered the Santos factors before making its decision.

While acknowledging that dismissal is a harsh penalty, the Supreme Court affirmed that the trial court did not abuse its discretion in applying this sanction.