Estes v. Ashurst

On Application for Rehearing

YATES, Presiding Judge.

The opinion of January 12, 2001, is withdrawn, and the following is substituted therefor.

*1201The plaintiff, Anthony L. Estes, appeals from the denial of his postjudgment motion to set aside the trial court’s judgment dismissing his medical-malpractice action against Winston M. Ashurst, M.D., for failure to prosecute. The supreme court transferred this case to this court, pursuant to § 12-2-7(6), Ala.Code 1975.

On January 5, 1996, Estes sued Dr. Ash-urst, alleging medical malpractice. At the time, Estes was represented by Lynn Crosson and Edward…