Dismissal For Failure To Prosecute Reversed

Ash v. Fitzgerald Washington, etc., [Ms. 2200137, Sept. 17, 2021] __ So. 3d __ (Ala. Civ. App. 2021). The court (Edwards, J.; Thompson, P.J., and Moore, Hanson, and Fridy, JJ., concur) reverses the Baldwin Circuit Court’s dismissal with prejudice for failure to prosecute of Delisa Ash’s claim for unemployment benefits. The court finds “the record in the present case includes no evidence that would support a finding of delay, willful default, or contumacious conduct by Ash or her counsel. Accordingly, we conclude that the denial of Ash’s postjudgment motion was in error.” Ms. **13-14.

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