Russell Gaillard v. Rea Brothers' Auctions, Inc.

CARLTON, J., FOR THE COURT:

¶ 1. Pursuant to Rule 41(b) of the Mississippi Rules of Civil Procedure, the Rankin County Circuit Court dismissed with prejudice Russell Gaillard's complaint against Rea Brothers' Auctions Inc. ("Rea Brothers") due to Gaillard's failure to prosecute. Gaillard appeals the dismissal and argues the circuit court abused its discretion for the following reasons: (1) the record fails to reflect a clear delay attributable to him; (2) even if he contributed to a delay, the circuit court should have applied a lesser sanction; and (3) the record fails to reflect any…