214 So. 3d 362
Ala. Civ. App.2015Background
- The Cartees sued Community Spirit Bank over a mortgage/loan dispute and the trial court compelled arbitration. Community moved to dismiss with prejudice if arbitration was not initiated within 90 days; the court granted the motion.
- After dismissal, the Cartees asked for reinstatement and 30 additional days to secure an arbitrator; the court reinstated the action and ordered notice of an arbitration agreement within 30 days or the case would be dismissed.
- The parties later agreed on an arbitrator (Daniel B. Banks, Jr.), and arbitration was scheduled for February 4, 2015, but Don Cartee fell ill and the Cartees asked to cancel; they did not timely reschedule.
- Community reported no further contact from the Cartees about rescheduling; Community moved to dismiss for want of prosecution and the trial court entered dismissal with prejudice and allowed the Cartees’ counsel to withdraw.
- The Cartees filed a postjudgment motion arguing lack of opportunity to respond and that illness excused the delay; the trial court denied relief and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal with prejudice for failure to prosecute was proper | Cartees: court dismissed without giving chance to explain delay; illness and financial difficulty excuse delay | Community: Cartees repeatedly failed to meet court-ordered arbitration deadlines and then did not reschedule after cancellation | Court: Affirmed — dismissal for want of prosecution was within trial court discretion due to clear record of delay |
| Whether the court abused discretion by entering dismissal under Rule 41(b) | Cartees: dismissal was drastic and premature; no meaningful opportunity to respond | Community: dismissal appropriate given prior orders, reinstatement deadline, and continued noncompliance | Court: No abuse — dismissal is harsh but warranted here given repeated noncompliance |
| Whether illness of Don Cartee excused failure to reschedule arbitration | Cartees: illness prevented attendance and justified delay | Community: temporary illness did not explain month-long failure to reschedule after cancellation | Court: Illness did not justify continued inaction; record shows Cartees made no effort to reschedule |
| Whether denial of opportunity to respond or counsel withdrawal required reversal | Cartees: lacked due process because dismissal and counsel withdrawal occurred without chance to respond | Community: procedural posture and record show delays and lack of explanation | Court: Any error harmless because Cartees’ postjudgment motion failed to present a valid excuse for delay |
Key Cases Cited
- Smith v. Wilcox County Bd. of Educ., 365 So.2d 659 (Ala. 1978) (dismissal with prejudice is a drastic sanction to be used only in extreme situations)
- Mangiafico v. Street, 767 So.2d 1103 (Ala. 2000) (affirming dismissal where party failed to initiate arbitration as ordered)
- Alexander v. GEICO Ins. Cos., 47 So.3d 1225 (Ala. 2010) (affirming dismissal for failure to meet court-imposed deadlines and prosecute case)
- HICA Educ. Loan Corp. v. Fielding, 953 So.2d 1261 (Ala. Civ. App. 2006) (discussing standard for dismissal where there is a clear record of delay or willful default)
- Blake v. Stinson, 5 So.3d 615 (Ala. Civ. App. 2008) (trial court’s dismissal for failure to prosecute reviewed for abuse of discretion)