Wilson, et al., v. Merriweather, et al., [Ms. 2180737, Jan. 10, 2020] __ So. 3d __ (Ala. Civ. App. 2020). The
court (Thompson, P.J.; and Moore, Donaldson, Edwards, and Hanson, JJ.,
concur) unanimously reverses the Talladega Circuit Court’s order
dismissing with prejudice a quiet title action filed by various plaintiffs.
Over the course of several years, the plaintiffs amended their complaint
a number of times adding additional defendants. The court noted that in
dismissing the case with prejudice, the trial court “cited the plaintiffs’
failure ‘to serve all party defendants’ as the reason for
its dismissal.” Ms. *11. Because the case action summary reflected
that the plaintiffs had attempted to perfect service on the nineteen defendants
who lived throughout the country, the failure to serve all party defendants
did not justify the prejudicial dismissal. Ms. *11. The court explained
that because of the plaintiffs’ responding to numerous motions to
dismiss and taking part in various hearings “a lack of activity
could not have been a proper basis for the trial court’s dismissal
of the action. Accordingly, there had to be a clear record of delay, willful
default, or contumacious conduct by the plaintiffs to warrant the dismissal.”
Ms. *10-11 (internal quotations marks omitted).
