(dissenting).
[¶ 20] The result in this ease is regrettable, as the plaintiffs case has been dismissed for delay partially attributable to him, and the dismissal effectively forecloses bringing another action even though the statute of limitations may not have expired. The trial court could have dismissed without prejudice, but decided to impose the harshest sanction, dismissal with prejudice. See Annett v. American Honda Motor Co., Inc., 1996 SD 58, ¶ 6, 548 N.W.2d 798 (case dismissed without prejudice pursuant to SDCL 15-11-11); Dakota Cheese, Inc. v. Taylor, 525 N.W.2d 713, 717 n. 3 (SD 1995) (dismissal not made on the merits pursuant to SDCL 15-11-11); Schwartzle v. Austin Co., 429 N.W.2d 69, 70 (S.D.1988) (action originally dismissed without prejudice). Florida Courts, which we have previously looked to for guidance when analyzing a motion for failure to prosecute, will not allow a dismissal with prejudice. See Southeast Mortgage Co. v. Sinclair, 632 So.2d 677, 678 (Fla.Dist.Ct.App.1994) (“A dismissal for lack of prosecution does not result in a dismissal with prejudice and, hence, is not a bar to refiling the suit.... It is not an adjudication on the merits.”); Wright v. Allen, 611 So.2d 23, 24 (Fla.Dist.Ct.App.1992) (“[A] dismissal under rule 1.420(e) [failure to prosecute] must be without prejudice.”).
[¶ 21] The rationale for a dismissal under SDCL 15-11-11 is to clear the court’s docket and expedite the judicial process. However,
[t]he power to dismiss should be exercised cautiously and granted only in eases of an unreasonable and unexplained delay in prosecution. The mere passage of time is not the test; rather, the test is whether, “under all the facts and circumstances of the particular case, the plaintiff is chargeable with want of due diligence in failing to proceed with reasonable promptitude.”
Schwartzle, 429 N.W.2d at 71 (quoting Duncan v. Pennington Cty. Housing Authority, 382 N.W.2d 425, 427 (S.D.1986)). “The clearance of dockets and calendars is of secondary concern in the administration of justice.” Chicago & N.W. Ry. Co. v. Bradbury, 80 S.D. 610, 612, 129 N.W.2d 540, 542 (1964).
[¶ 22] A plaintiff whose case is subject to dismissal under SDCL 15-11-11 must make a good cause showing. “This ‘good cause’ provision allows the court to evaluate the time frame of inactivity in light of the circumstances surrounding the case, and not merely use the passage of time as the test to determine whether dismissal is warranted.” Annett, 1996 SD 58, ¶ 22, 548 N.W.2d 798. Here, the plaintiffs showing of good cause was only marginally deficient,4 so the court’s harsh sanction was an abuse of discretion. I would reverse for entry of an amended judgment of dismissal — -without prejudice. The plaintiff should be allowed his day in court if he decides to start suit again.
[¶23] For these reasons, I respectfully dissent.
[¶ 24] MILLER, C.J., joins this dissent and I am authorized to so state.
. A brief comparison between this case and previous cases analyzed by this Court show the present facts are not sufficiently compelling to justify a dismissal with prejudice. Here, an offer of settlement was sent to defendant's counsel on August 27, 1993, with a response dated August 30, 1993 and motion for dismissal filed October 20, 1994, constituting a fourteen month delay. Plaintiff continued to investigate the claim by making inquiry to the Lincoln County States Attorney, obtaining photographs of the drainage area, and taking the deposition of defendant, Pierre Forrette. Because this action was originally filed pro se in small claims court, later transferred on motion from defense counsel, and plaintiff’s counsel was not immediately involved, all the delay cannot be fairly ascribed to the plaintiff. Plaintiff's counsel argued that he wanted to more fully investigate the case before filing a formal complaint in circuit court because all defendants had denied liability and had somewhat credible rationales for denial. Counsel also explained he was concerned with the potential for counterclaims had he commenced a frivolous lawsuit. He was considering an action for trespass, which has a six year statute of limitations. SDCL 15-2-13(3). Compare Annett, 1996 SD 58 ¶¶ 17-19, 548 N.W.2d 798 (no formal file activity for over one year and no informal activity for over two years — dismissed without prejudice); Du-Al Mfg. Co. v. Sioux Falls Const. Co., 444 N.W.2d 55 (S.D.1989) (inexcusable activity for 12 years); Holmoe v. Reuss, 403 N.W.2d 30 (S.D.1987) (four year delay in prosecution); Reed v. Heath, 383 N.W.2d 873, 874 (S.D.1986) (no file activity for over two years, and no other excusable reasons given).