Riddlesprigger v. Ervin

• Decision Date: 23 December 1987
• Citation: 519 So.2d 486
• Parties: Tina RIDDLESPRIGGER, v. Monty ERVIN. 86-1567.
• Court: Alabama Supreme Court

Page 486

519 So.2d 486

Tina RIDDLESPRIGGER, v. Monty ERVIN.

86-1567.

Supreme Court of Alabama.

Dec. 23, 1987.

James A. Ward III, Dothan, for appellant.

J. Huntley Johnson of Johnson, Huskey, Hornsby & Etheredge, Dothan, for appellee.

STEAGALL, Justice.

In this case plaintiff Tina Riddlesprigger appeals from the trial court's sua sponte involuntary dismissal at trial of her action against defendant Monty Ervin for want of prosecution. We reverse.

The complaint was filed on November 2, 1984, and sought recovery of compensatory and punitive damages for malicious prosecution. On January 18, 1985, the defendant filed a motion to dismiss, which was denied, and she filed an answer to the complaint on August 21, 1985. On March 2, 1987, the trial court dismissed the action, with this order: "This case has been pending in this Court for at least six months without action, and is hereby dismissed without prejudice for want of prosecution. Clerk to notify." It should be noted, however, that the practical effect here is a dismissal with prejudice, because, prior to the dismissal, the statute of limitations on Riddlesprigger's cause of action had expired. The plaintiff then moved the court to vacate its order and to set the cause for trial. Following a hearing, this motion was denied. The plaintiff subsequently moved the trial court to reconsider its ruling and also filed a motion to supplement the record pursuant to Rule 10(f), A.R.App.P. The motion to reconsider was denied and the motion to supplement was granted. The sole error asserted on appeal is that the trial court erred when it dismissed the plaintiff's claim for want of prosecution.

Dismissal of actions is governed by Rule 41, A.R.Civ.P. Rule 41(b) provides, in pertinent part:

"For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of any action or of any claim against him ... [and] unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision ... operates as an adjudication upon the merits."

Rule 41(b) has been construed to mean that a trial court has the inherent power to dismiss a cause for want of prosecution or for failure to comply with court rules or orders. Ryder Int'l Corp. v. State, 439 So.2d 162 (Ala.Civ.App.1983). Accord, Link v. Wabash R.R., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962). Such a dismissal is generally considered to be within the sound discretion of the trial court and will be reversed on appeal only for an abuse of that discretion. Whitehead v. Baranco Color Labs, Inc., 355 So.2d 376 (Ala.Civ.App.1978). It need only be determined, upon appellate review of a trial court's action under Rule 41(b), whether the ruling is supported by the evidence. Strickland v. National Gypsum Co., 348 So.2d 497 (Ala.Civ.App.1977); Nettles v. First Nat'l Bank, 388 So.2d 916 (Ala.1980).

Riddlesprigger, in her supporting brief, argues that the trial court's dismissal "under these circumstances is manifestly unjust, plainly and palpably erroneous and is an abuse of discretion." Upon review of the record, we agree.

As this Court has heretofore observed:

"In Alabama, and many federal courts, the interest in disposing of the litigation on the merits is overcome and a dismissal may be granted when there is a clear record of delay, willful default or contumacious conduct by the plaintiff. Smith v. Wilcox County Board of Education, 365 So.2d at 661 [Ala.1978]. See, e.g., Boazman v. Economics Laboratory, Inc., 537 F.2d 210 (5th Cir.1976); Pond v. Braniff Airways, 453 F.2d 347 (5th Cir.1972). Willful default or conduct is a conscious or intentional failure to act. Welsh v. Automatic Poultry Feeder Co., 439 F.2d 95 (8th Cir.1971). 'Willful' is used in contradistinction to accidental or involuntary noncompliance. No wrongful motive or intent is necessary to show willful conduct."

Selby v. Money, 403 So.2d 218, 220 (Ala.19...