Mims v. Citizens Bank of Prattville

ALMON, Justice.

Billy Joe Mims appeals from the involuntary dismissal of his action against the Citizens Bank of Prattville (“the Bank”). The only question presented is whether the trial judge abused his discretion by dismissing Mims’s action pursuant to Rule 41(b), Ala.R.Civ.P.

Mims instituted this action in 1976. In his complaint, he alleged that the Bank had wrongfully seized and then sold his logging *825truck. This cause has been before this Court on two prior occasions. See Mims v. Citizens Bank of Prattville, 372 So.2d 311 (Ala.1979); and Mims v. Citizens Bank of Prattville, 355 So.2d 345…