Indiana Supreme Court August 23, 1982, 3-181 A 25 (Rumfelt v. Himes)

PRENTICE, Justice,

dissenting.

I dissent to the majority’s interpretation of Ind.R.Tr.P. 41(E).

The rule does not require that a hearing be held in open court. It requires the judge to order a hearing for the purpose of dismissing the case and mandates a dismissal, absent a showing of sufficient cause as to why it should not, at or before the hearing.