Ala. R. Civ. P. 41(b) Dismissal for Failure to Prosecute

Ace American Ins. Co. v. Rouse's Enter., LLC, [Ms. 1170818, Dec. 21, 2018], __ So. 3d __ (Ala. 2018) (Bolin, J.; and Stuart, C.J.; and Parker, Main, Wise, Sellers, and Mendheim, JJ., concur; Shaw and Bryan, JJ., concur in the result). Finding no evidence of any "clear record of delay, willful default, or contumacious conduct by the plaintiff" as required for an Ala. R. Civ. P. 41(b) dismissal for the failure of the plaintiff to prosecute an action (see Ms. *5-6 (quoting Gill v. Cobern, 36 So. 3d 31, 32-33 (Ala. 2009)), the Court reverses the judgment of the Baldwin Circuit Court dismissing a workers' compensation insurer's subrogation claim and remands the case to permit the workers' compensation subrogation insurer to proceed with its claim to final judgment.

Related Documents

Categories

Contact Us Today

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.