828 So. 2d 320 | Ala. Civ. App. | 2002
On May 1, 1998, Alice Boone fell and injured herself while shopping at Bill's Dollar Stores, Inc. ("Bill's"). On April 25, 2000, Boone sued Bill's, alleging that Bill's had negligently or wantonly maintained its premises, and that its negligence or wantonness had resulted in her injuries. Bill's answered the complaint, and discovery proceeded until April 10, 2001, when Bill's filed a "Suggestion of Bankruptcy." On April 24, 2001, the circuit court, sua sponte, entered a judgment dismissing Boone's claim without prejudice. That judgment stated as follows:
"This case, having come before the Court on a Suggestion of Bankruptcy of the Defendant Bill's Dollar Stores, Inc.; said cause having been removed to U.S. Bankruptcy Court of the Southern District of Alabama; upon the Court's own motion, this case is hereby dismissed without prejudice, with leave to reinstate, upon motion of either party and a showing to this Court of the Order by the U.S. Bankruptcy Court removing such automatic stay."
Boone appeals. This case was transferred to this court by the supreme court, pursuant to §
Although the trial court indicated that its dismissal was "without prejudice," Boone correctly points out that the dismissal is "effectively a dismissal with prejudice, because the limitations period *322
allowed for filing the action had run" when the trial court dismissed the case. See Estes v. Ashurst,
"Dismissal with prejudice is a harsh sanction and should be used only in extreme circumstances." Selby v. Money,
In this case, it appears that the trial court believed that the case had been removed to bankruptcy court, which would have left it with no jurisdiction to enter a dismissal order, see
We conclude that the judgment of dismissal was an abuse of the trial court's discretion. That judgment is reversed and this cause is remanded for proceedings consistent with this opinion.
REVERSED AND REMANDED.
Yates, P.J., and Thompson, Pittman, and Murdock, JJ., concur.