Legal Opinion
Wayne Boudwin v. Graystone Insurance Company, Ltd.
Court of Appeals for the Fifth Circuit
Decided April 1, 1985No. 84-3836PublishedCited by 342 opinions
1Opinion of the Court
POLITZ, Circuit Judge:
Wayne Boudwin failed to appear at a docket call and the district court dismissed his complaint, with prejudice, for failure to prosecute. Because the record does not reflect egregious conduct and a clear record of delay, nor contain the district court’s factual findings and conclusions that a lesser sanction would be insufficient, we vacate the order of dismissal and remand for reconsideration.
Facts
During the summer of 1983 the M/V MISS BARBARA ANN was destroyed by fire. Boudwin filed the instant suit on March 5, 1984, seeking recovery under an insurance policy allegedly…
2Cases cited5 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Sam ROGERS, Plaintiff-Appellant, v. KROGER COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1982
- Sidney Morris v. Ocean Systems, Inc.Court of Appeals for the Fifth Circuit · 1984
- Dorothea N. Hornbuckle v. Arco Oil & Gas CompanyCourt of Appeals for the Fifth Circuit · 1984
- Beryl N. Jones v. Caddo Parish School Board v. June Phillips, Movant-AppellantCourt of Appeals for the Fifth Circuit · 1983
3Cited by342 opinions
- Gemeral Earnest Berry, Jr. v. Cigna/rsi-CignaCourt of Appeals for the Fifth Circuit · 1992
- Mark A. Ball v. City of Chicago and Alfred S. Schultz, Individually and as Agent of the City of ChicagoCourt of Appeals for the Seventh Circuit · 1993
- Rayford v. Pryor, Jr. v. U.S. Postal ServiceCourt of Appeals for the Fifth Circuit · 1985
- Bruce A. Coane v. Ferrara Pan Candy Company, Defendant/third-Party v. Three Brothers Bakery, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1990
- Floyd Sturgeon v. Airborne Freight Corporation, and Teamsters, Local Union No. 745, Etc.Court of Appeals for the Fifth Circuit · 1985
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