Guidry v. Pine Hills Country Club, Inc. of Calhoun County


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Docket Number: 2002-CA-01218-COA

Court of Appeals: Opinion Link
Opinion Date: 10-28-2003
Opinion Author: Chandler, J.
Holding: Affirmed

Additional Case Information: Topic: Personal injury - Involuntary dismissal - M.R.C.P. 41(d) - Action of record
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ.
Procedural History: Jury Trial
Nature of the Case: CIVIL - OTHER

Trial Court: Date of Trial Judgment: 06-10-2002
Appealed from: Calhoun County Circuit Court
Judge: Henry L. Lackey
Disposition: DISMISSAL PURSUANT TO M.R.C.P. 41(D)
Case Number: C97-069

  Party Name: Attorney Name:  
Appellant: Keith P. Guidry




C. ASHLEY ATKINSON



 

Appellee: Pine Hills Country Club, Inc. of Calhoun County CARYN LYNNE ANLAGE W. SHAN THOMPSON  

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Topic: Personal injury - Involuntary dismissal - M.R.C.P. 41(d) - Action of record

Summary of the Facts: Keith Guidry filed a lawsuit against Pine Hills Country Club, Inc. of Calhoun City after he suffered an injury walking down the steps of the clubhouse. Eventually, the court dismissed Guidry’s case without prejudice for failure to prosecute. Guidry filed a motion for reconsideration which was denied. He appeals.

Summary of Opinion Analysis: Guidry argues the court’s dismissal was an abuse of discretion and a violation of M.R.C.P. 41(b). Guidry’s case was dismissed pursuant to M.R.C.P. 41(d) for failure to prosecute. A Rule 41(d ) involuntary dismissal provides Guidry with thirty days to take “action of record” and/or show good cause to the court why the case should not be dismissed. Guidry argues his motion to remain on the active docket is an action of record. Case law concerning an “action of record” reflects acts which are hastening the suit to judgment. Guidry’s motion to remain on the active docket does nothing to move the case closer to a judgment on the merits.


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