Legal Opinion
Goforth v. Owens
Court of Appeals for the Eleventh Circuit
Decided July 29, 1985No. 85-8013PublishedCited by 191 opinions
1Opinion of the Court
JOHNSON, Circuit Judge:
Plaintiff appeals a dismissal with prejudice of a diversity medical malpractice action for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. Because the district court acted within the bounds of its discretion in imposing this sanction, we affirm.
This medical malpractice action was originally filed in state court in May 1981. On the day of the state court trial date in September 1983, plaintiff voluntarily dismissed because she could not afford the expert witness fees necessary to bring her out-of-town experts in for trial. Six months later,…
2Cases cited6 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Gwendola M. Jones v. Bob Graham, Bennie Small, Jr. v. Bob Graham, Henry T. McMillian Jr. v. Bob GrahamCourt of Appeals for the Eleventh Circuit · 1983
- Sam ROGERS, Plaintiff-Appellant, v. KROGER COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1982
- In the Matter of the Sanction of Jay C. Baker and Michael J. Carson, George Roland Mulvaney v. Rivair Flying Service, Inc. v. Ed Dietlin, D/B/A Dietlin Aircraft, Third PartyCourt of Appeals for the Third Circuit · 1984
- Barbara HILDEBRAND and Husband, Jack Robert Hildebrand, Plaintiffs-Appellants, v. HONEYWELL, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1980
1 more not listed; retrieve them via the Exa API.
3Cited by191 opinions
- David Richard Moon v. Lanson Newsome, WardenCourt of Appeals for the Eleventh Circuit · 1989
- Roger Justice v. United StatesCourt of Appeals for the Eleventh Circuit · 1993
- Kilgo v. RicksCourt of Appeals for the Eleventh Circuit · 1993
- Kilgo v. RicksCourt of Appeals for the Eleventh Circuit · 1993
- Camp v. OliverCourt of Appeals for the Eleventh Circuit · 1986
186 more not listed; retrieve them via the Exa API.