Guidry v. Pine Hills Country Club, Inc. of Calhoun County
Docket Number: | 2002-CA-01218-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 10-28-2003 Opinion Author: Chandler, J. Holding: Affirmed |
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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 |
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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 |
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Appellee: | Pine Hills Country Club, Inc. of Calhoun County | CARYN LYNNE ANLAGE W. SHAN THOMPSON |
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Synopsis provided by: If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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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