James Butler, Charlotte Butler v. Bobbie S. Pearson

Opinion for the Court filed by Circuit Judge SWYGERT.

SWYGERT, Circuit Judge:

At issue in this appeal is whether the district judge abused his discretion in dismissing and subsequently denying plaintiffs-appellants’ motion to reinstate a diversity action for personal injuries and property damage resulting from an automobile accident. The case was dismissed on the basis that the defendants had “been denied discovery” and that the plaintiffs had “failed energetically to prosecute their claim.” Because plaintiffs’ appeal from the dismissal was untimely, we lack jurisdiction to consider plaintiffs’…