Legal Opinion
Clayton E. Durham v. Florida East Coast Railway Company
Court of Appeals for the Fifth Circuit
Decided October 31, 1967No. 24541_1PublishedCited by 234 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
The plaintiff appeals from a judgment dismissing the complaint with prejudice. The effect of the dismissal was to visit the sins of the lawyer upon his client. In certain cases when a plaintiff has failed to prosecute his action or his attorney has failed to comply with the rules or orders of court, dismissal of the complaint with prejudice is an appropriate exercise of the judicial discretion to dismiss authorized in F.R.Civ.P. 41. We have concluded, however, that in this case the sins of the lawyer were not so enormous as to justify such a penalty.
The plaintiff filed…
2Cases cited6 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Alamance Industries, Inc. v. Filene'sCourt of Appeals for the First Circuit · 1961
- Ockert v. Union Barge Line Corp.Court of Appeals for the Third Circuit · 1951
- Franklin W. Durgin, Catherine Durgin, and Orpha Durgin v. John T. Graham, M. Smith Burns, B. Clarke Nichols, and Lindsay Newspapers,inc.Court of Appeals for the Fifth Circuit · 1967
- Ruby Joseph v. Norton CompanyCourt of Appeals for the Second Circuit · 1959
1 more not listed; retrieve them via the Exa API.
3Cited by234 opinions
- Reginald R. Brinkmann, Jr. v. Dallas County Deputy Sheriff AbnerCourt of Appeals for the Fifth Circuit · 1987
- Equity Lifestyle Properties, Inc. v. Florida Mowing & Landscape Service, Inc.Court of Appeals for the Eleventh Circuit · 2009
- Herbert E. Theilmann, Administrator of Herbert K. Theilmann v. The Rutland Hospital, Inc., and Dr. Donald D. DingmanCourt of Appeals for the Second Circuit · 1972
- Milton Lecompte v. Mr. Chip, Inc.Court of Appeals for the Fifth Circuit · 1976
- Herman T. DOVE, Appellant, v. CODESCO, Formerly Known as Washington Dental Supply Company, AppelleeCourt of Appeals for the Fourth Circuit · 1978
229 more not listed; retrieve them via the Exa API.